CHAPTER IV
Fundamental Rights and Freedoms of the Individual
34. Protection from arbitrary arrest or detention
(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 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.
EDIT.