ACT No. III of 2024 AN ACT to amend various laws relative to police arrest and detention of persons suspected of having committed serious crimes.

I assent.

(L.S.)

GEORGE VELLA

President

2nd February, 2024

ACT No. III of 2024

AN ACT to amend various laws relative to police arrest and

detention of persons suspected of having committed serious crimes.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Various Laws relating to Short title.

Police Arrest and Detention (Amendment) Act, 2024.

Part I

Amendment to the Constitution

This Part amends the Constitution and it shall be read and Amendment to

construed as one with the Constitution, hereinafter in this Part referred the Constitution.

to as "the Constitution".

In sub-article (3) of article 34 of the Constitution, the words Amendment of

"proceedings preliminary to trial." shall be substituted by the words article

Constitution.

"proceedings preliminary to trial:" and immediately after there shall be

added the following new proviso

"Provided that Parliament may by law provide for the

extension, subject to adequate procedural safeguards and to the

authorisation of a Magistrate, of the period of forty-eight (48)

hours within which the person arrested or detained shall be

brought before a court, by another period not exceeding a further

forty-eight (48) hours if the person who is arrested or detained is

reasonably suspected to have committed a crime liable to a

maximum punishment exceeding twelve (12) years

imprisonment.".

Part II

Amendment to the Criminal Code

This Part amends the Criminal Code and it shall be read and

construed as one with the Criminal Code, hereinafter in this Part

referred to as "the Code".

Immediately after sub-article (3) of article 355AJ of the Code

there shall be added the following new sub-articles

"(4) Notwithstanding the provisions of sub-article (3)

where the arresting police officer has sufficient reasons for

believing that the person arrested has committed a crime liable to

a maximum punishment exceeding twelve (12) years

imprisonment and that the continuation of the arrest of the

person beyond forty-eight (48) hours is necessary to obtain

relevant evidence or to preserve relevant evidence, the arresting

officer may by means of an application confirmed on oath and

supported by information request a Magistrate to issue a warrant

authorising the keeping of the person arrested under further

detention

Provided that for the purposes of this sub-article

"arresting police officer" and "arresting officer" mean a

police officer in the grade of Inspector or higher who is in charge

of the investigation of the person arrested;

"a crime liable to a maximum punishment exceeding

twelve (12) years imprisonment" means a crime liable to a

maximum punishment exceeding twelve (12) years

imprisonment without considering any increase in punishment

due to concurrent crimes and punishments, aggravating

circumstances, aggravation of the punishment, any previous

conviction or the continuous nature of the crime;

"information" means information about

(a) the time of arrest and the nature of the crime for

which the person under arrest has been arrested;

(b)

the evidence on which that person was arrested;

and

(c) the special reasons for believing the continued

detention of that person to be necessary.

(5) A Magistrate shall not accede to a request filed in

accordance with sub-article (4) unless

(a) the person arrested has been furnished with the

information and has been brought before the Magistrate for

a hearing; and

(b) the Magistrate is satisfied that the investigation

is being conducted diligently and expeditiously.

(6) An application for a warrant in accordance with sub-

article (4) may be made at any time before the expiry of the first

thirty-six (36) hours from the time of arrest if the person is still

under arrest.

(7) Where upon an application in accordance with sub-

article (4) the Magistrate is not satisfied that there are sufficient

reasons to believe that the further detention of the person

arrested beyond forty-eight (48) hours is justified he may refuse

the application or adjourn the hearing until a time not later than

forty-eight (48) hours from the time of the arrest.

(8) Where the Magistrate is satisfied that there are

sufficient reasons to believe that the further detention of the

person arrested is justified he shall issue a warrant of further

detention for such period not exceeding a further forty-eight (48)

hours as the Magistrate deems fit.

(9) A person released after a warrant for further

detention is issued or has expired in his respect, shall not be re-

arrested without a warrant to be issued by a Magistrate for the

offence for which he was previously arrested unless, since the

person’s release, fresh evidence has been discovered or an

examination or analysis of existing evidence has been made

which could not reasonably have been made before his release.

(10) (a) At the hearing held for the purposes of sub-article

(4), the person under arrest shall have the right to be assisted by an

advocate or by a legal procurator and that hearing shall

(i)

be held with closed doors;

(ii) be subject to such orders as the Magistrate may

give to all persons present at the said hearing for the

purpose of protecting the confidentiality of information on

the investigation;

(iii) be held summarily in such manner that, in all,

the period of the first forty-eight (48) hours provided in

sub-article (3) is not exceeded;

(iv) end with the decree of the Magistrate which

shall be delivered at the end of the hearing.

(b) The decision of the Magistrate given in accordance

with this sub-article shall not be subject to appeal and shall be

executable forthwith.".

Part III

Amendment to the Police Act

This Part amends the Police Act and it shall be read and

construed as one with the Police Act, hereinafter in this Part referred to

as "the principal Act".

In paragraph (a) of article 64 of the principal Act,

immediately after the words "of forty-eight hours from his arrest" there

shall be added the words

", or of such period of further detention as may have

been authorised according to article 355AJ of the

Criminal Code,".

Passed by the House of Representatives at Sitting No. 201 of the

30th January, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

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