Consolidated Constitution including Acts XXXIX of 2025, IX of 2026 and XVI of 2026
34
CHAPTER IV
- Jurisdiction
- Malta
- Provision
- 34
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source34. (1) No person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to
Protection of right to life.
Protection from arbitrary arrest or detention.
( 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 -
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.
Source record
Source and verification
Consolidated Constitution including Acts XXXIX of 2025, IX of 2026 and XVI of 2026 · legislation.mt · Retrieved 18 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source