Being arrested, or receiving a call to attend the police station for questioning, is stressful for anyone. It is more so in a country whose language and procedures you may not know. Maltese law gives every suspect a set of rights from the first contact with the police. Knowing them, and using them, protects your position for everything that follows.
Your rights during questioning
- You have the right to consult a lawyer before you are questioned, and to have the lawyer present during the interrogation.
- You must be informed of your rights, in a language you understand. If you do not speak English or Maltese, you are entitled to an interpreter.
- You have the right to remain silent. Anything you say may be used as evidence.
- You may ask that a family member or another person be told that you are being held. Foreign nationals may ask that their consulate be informed.
If you are arrested
A person under arrest must be brought before a court without delay, and in any case within forty-eight hours. At that first hearing, known as the arraignment, the charges are read and the court decides whether you may be released on bail.
What to do first
- Ask for a lawyer before answering any questions.
- Do not sign any statement until a lawyer has read it with you.
- Give your name and personal details, and keep calm.
- If a relative or friend has been arrested, call a lawyer for them at once. Time matters most in the first hours.
This note gives general information and is not legal advice for a particular case.