Detention during transit

Republic of Malta

Malta - ICC Act 2003 EN

11. (1) The prisoner shall be deemed to be in the legal custody of the Minister at any time when, being -
(a) in Malta, or
(b) on board a Maltese vessel or aircraft, he is being taken to or from any place or is being kept in custody.
(2) The Minister may, from time to time, designate a person as a person who is for the time being authorised to take the prisoner to or from any place or to keep the prisoner in custody.
(3) A person so authorised has all the powers, authority, protection and privileges of a police officer.
(4) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by the police and taken to any place to which he may be taken under the warrant issued under any provision of this Part.

Rome Statute

Article 89 Surrender of persons to the Court


(c) A person being transported shall be detained in custody during the period of transit;