What counts as self-defence under Maltese criminal law?
- 27.06.2026
I have a family member who was arrested in Malta and is currently being held at a police station. Nobody in the family really understands how long the police are legally allowed to keep someone in custody before they either have to charge him or bring him before a court. Can you clarify the actual time limits?
Under the Criminal Code, Chapter 9 of the Laws of Malta, and consistent with constitutional protections on personal liberty, a person who has been arrested must generally be brought before a court within 48 hours of the arrest, and this time limit cannot simply be extended indefinitely at the discretion of the police without proper legal process. During detention, the detained person also has specific rights under the provisions on rights of persons detained, including being informed of the reasons for the arrest in a language they understand, and the right to legal assistance, which includes access to a lawyer, subject to certain safeguards on timing set out in the Code. If the 48-hour limit is approaching without your family member being brought before a court or released, this should be raised urgently with the lawyer representing him, since detention beyond the permitted period without proper judicial authorisation can itself be unlawful. It is important that a lawyer is engaged as early as possible in the process, both to protect his rights during questioning and to monitor that the statutory time limits are being respected.
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