34. (1) No person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to say -
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether in Malta or elsewhere, in respect of a criminal offence of which he has been convicted;
(c) in execution of the order of a court punishing him for contempt of that court or of another court or tribunal or in execution of the order of the House of Representatives punishing him for contempt of itself

Fundamental rights and freedoms of the individual.
Amended by: X.2014.2.

















Protection of right to life.




















Protection from arbitrary arrest or detention.

or of its members or for breach of privilege;
(d) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court or before the House of Representatives in execution of the order of that House;
(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
(g) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; or
(j) for the purpose of preventing the unlawful entry of that person into Malta, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Malta or the taking of proceedings relating thereto or for the purpose of restraining that person while he is being conveyed through Malta in the course of his extradition or removal as a convicted prisoner from one country to another.
(2) Any person who is arrested or detained shall be informed at the time of his arrest or detention, in a language that he understands, of the reasons for his arrest or detention:
Provided that if an interpreter is necessary and is not readily available or if it is otherwise impracticable to comply with the provisions of this sub-article at the time of the person’s arrest or detention, such provisions shall be complied with as soon as practicable.
(3) Any person who is arrested or detained –
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,
and who is not released, shall be brought not later than forty-eight hours before a court; and if any person arrested or detained in such a case as is mentioned in paragraph (b) of this sub-article is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.


(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the taking during such a period of public emergency as is referred to in paragraph ( a ) or ( c ) of sub-article (2) of article 47 of this Constitution of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.
(6) If any person who is lawfully detained by virtue only of such a law as is referred to in the last foregoing sub-article so requests at any time during the period of that detention not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and composed of a person or persons each of whom holds or has held judicial office or is qualified to be appointed to such office in Malta.
(7) On any review by a tribunal in pursuance of the last foregoing sub-article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

39. (1) Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Any court or other adjudicating authority prescribed by law for the determination of the existence or the extent of civil rights or obligations shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(3) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person’s civil rights or obligations before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
(4) Nothing in sub-article (3) of this article shall prevent any court or any authority such as is mentioned in that sub-article from excluding from the proceedings persons other than the parties thereto and their legal representatives -
(a) in proceedings before a court of voluntary jurisdiction and other proceedings which, in the practice of the Courts in Malta are, or are of the same nature as those which are, disposed of in chambers;
(b) in proceedings under any law relating to income tax; or

(c) to such extent as the court or other authority -
(i) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or
(ii) may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality or decency, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings.
(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this sub-article to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts.
(6) Every person who is charged with a criminal offence -
(a) shall be informed in writing, in a language which he understands and in detail, of the nature of the offence charged;
(b) shall be given adequate time and facilities for the preparation of his defence;
(c) shall be permitted to defend himself in person or by a legal representative and a person who cannot afford to pay for such legal representation as is reasonably required by the circumstances of his case shall be entitled to have such representation at the public expense;
(d) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court and to obtain the attendance of witnesses subject to the payment of their reasonable expenses, and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(e) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(7) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the




































Protection of freedom of conscience and worship.
Amended by: LVIII.1974.12.

proceedings made by or on behalf of the court.
(8) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed.
(9) No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence:
Provided that nothing in any law shall be held to be inconsistent with or in contravention of this sub-article by reason only that it authorises any court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so however that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
(10) No person who is tried for a criminal offence shall be compelled to give evidence at his trial.
(11) In this article "legal representative" means a person entitled to practise in Malta as an advocate or, except in relation to proceedings before a court where a legal procurator has no right of audience, a legal procurator.

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

452. (1) Save as otherwise expressly provided, an interpreter shall not be chosen from among the jurors, counsel for the accused, witnesses, referees, or other persons employed in the service of the court or of the Attorney General, with the exception of the official interpreter. It shall, however, be lawful for any of the parties to take objection against the official interpreter or any other person appointed to act as interpreter, before the same enters upon his duties, and any such objection shall be determined by the court.

(2) Nevertheless, it shall be lawful for the court to appoint any person employed in the service of the court to act as interpreter, if it appears to its satisfaction that sufficient inquiries have been made and that no other person suitable to act as interpreter could be found.

(3) The person appointed to act as interpreter, if he is not in the building in which the court is sitting, shall be summoned by means of a subpoena.

(4) Any person residing in Malta, who, being appointed to act as interpreter, shall, without a just cause, fail to appear at the time and place appointed by the court, or shall refuse to act as interpreter, or shall leave the court before he is dismissed, may be dealt with as a witness who fails to appear to give evidence, or who, having appeared, refuses to give evidence, or leaves the court before he is discharged.

(5) The provision contained in article 633(2) shall apply if the interpreter is the husband or wife of the accused, or is related to the accused by consanguinity in any of the degrees mentioned in that article, or if other particular circumstances occur.

(6) The interpreter appointed by the court, if he is not a person employed in the service of the Government, shall be entitled to a remuneration to be fixed by the court according to circumstances.

452. (1) Save as otherwise expressly provided, an interpreter shall not be chosen from among the jurors, counsel for the accused, witnesses, referees, or other persons employed in the service of the court or of the Attorney General, with the exception of the official interpreter. It shall, however, be lawful for any of the parties to take objection against the official interpreter or any other person appointed to act as interpreter, before the same enters upon his duties, and any such objection shall be determined by the court.

(2) Nevertheless, it shall be lawful for the court to appoint any person employed in the service of the court to act as interpreter, if it appears to its satisfaction that sufficient inquiries have been made and that no other person suitable to act as interpreter could be found.

(3) The person appointed to act as interpreter, if he is not in the building in which the court is sitting, shall be summoned by means of a subpoena.

(4) Any person residing in Malta, who, being appointed to act as interpreter, shall, without a just cause, fail to appear at the time and place appointed by the court, or shall refuse to act as interpreter, or shall leave the court before he is dismissed, may be dealt with as a witness who fails to appear to give evidence, or who, having appeared, refuses to give evidence, or leaves the court before he is discharged.

(5) The provision contained in article 633(2) shall apply if the interpreter is the spouse of the accused, or is related to the accused by consanguinity in any of the degrees mentioned in that article, or if other particular circumstances occur.

(6) The interpreter appointed by the court, if he is not a person employed in the service of the Government, shall be entitled to a remuneration to be fixed by the court according to circumstances.

534AB. (1) Saving the provisions of articles 355AC, 355AS, 392 and 445, it shall be the duty of the Police or of the Court, as the case may be, to inform the suspect or the accused without undue delay of the following procedural rights:

(d) the right to interpretation and translation;

534AB. (3) It shall be the duty of the Police to provide a person arrested or detained promptly with the Letter of Rights set out in Schedule E and the Police shall give the said person an opportunity to read it and to retain same in his possession throughout the time that he is detained. The Letter of Rights shall be written in a language that the person understands:

Provided that where the Letter of Rights is not available in the appropriate language, the suspect or the accused shall be informed of his rights orally in a language that he understands and the Letter of Rights shall subsequently, and without undue delay, be provided to him in a language that he understands.


534AC. (1) Saving the provisions of articles 355AC, 451 and 516(2) where the suspect does not speak or understand the language of the criminal proceedings, as the case may be, he shall be provided, without unreasonable delay, with interpretation in the course of the said proceedings, including during police questioning.

(2) Interpretation shall be made available for communications between the suspect or the accused and their legal counsel in direct connection with any questioning or hearing during the proceedings or with the lodging of an appeal or other procedural applications.

(3) The right to interpretation under sub-articles (1) and (2) shall apply to persons suffering from hearing or speech impediments.

(4) It shall be the duty of the Executive Police and of the Court, as the case may be, to ascertain whether the suspect or the accused speak and understand the language of the criminal proceedings and whether they need the assistance of an interpreter.

(5) Nothing in this article shall be construed as precluding the suspect or the accused to demand that any decision finding, at any stage of the criminal proceedings, that there is no need for interpretation be reviewed and, when interpretation has been provided, the possibility to complain that the quality of the interpretation is not sufficient to safeguard the fairness of the proceedings.

(6) Interpretation provided under this article shall be of a quality sufficient to safeguard the fairness of the proceedings, in particular by ensuring that the suspect or the accused has knowledge of the case against him and is able to exercise his right of defence.


534AD. (1) Where the suspect or the accused does not understand the language of the criminal proceedings concerned, he shall, within a reasonable period of time, be provided with a written translation of all documents which are essential to ensure that he is able to exercise their right of defence and to safeguard the fairness of the proceedings.

(2) The decision determining what constitutes an essential document shall be taken by the Executive Police or by the Court, as the case may be, and the suspect or the accused or his legal counsel may submit a reasoned request to that effect:

Provided that essential documents shall include any decision depriving a person of his liberty, any charge or indictment, and any judgment:

Provided further that it shall not be required to translate passages of essential documents which are not relevant for the purposes of enabling the suspect or the accused to have knowledge of the case against him.

(3) Nothing in this article shall be construed as precluding the suspect or the accused to demand that any decision finding, at any stage of the criminal proceedings, that there is no need for the translation of documents or passages thereof be reviewed and, when a translation has been provided, the possibility to complain that the quality of the translation is not sufficient to safeguard the fairness of the proceedings.

(4) Notwithstanding the preceding provisions of this article, an oral translation or oral summary of essential documents may be provided instead of a written translation on condition that such oral translation or oral summary does not prejudice the fairness of the proceedings.

(5) Where the suspect or the accused waives the right to translation of documents referred to in this article such waiver shall be recorded in writing and only after the Executive Police or the Court, as the case may be, is satisfied that the suspect or accused has received prior legal advice or has otherwise obtained full knowledge of the consequences of such a waiver, and that the waiver was unequivocal and given voluntarily.

(6) Translation provided under this article shall be of a quality sufficient to safeguard the fairness of the proceedings, in particular by ensuring that suspected or accused persons have knowledge of the case against them and are able to exercise their right of defence.


534AE. (1) Notwithstanding the provisions of article 533, the services of interpretation and translation resulting from the application of articles 534AB to 534AD, both inclusive, shall be free of charge.

(2) The registrar shall keep a register of translators and interpreters who are appropriately qualified. Once established, such register shall, where appropriate, be made available to legal counsel and other relevant authorities.

PART VII
MISCELLANEOUS

27. Any document which is to be produced in connection with a request for the return of a person according to the provisions of the Act shall be in either the Maltese or the English language, and, Language of documents. when any such document is in neither of these languages, the Minister may ask for its translation into the English language.