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What to Do If You Are Arrested

Police arrest, detention rights, bail

Being arrested in Malta is frightening but you have important legal rights. Here is what you must know about what police can and cannot do, and how to prot

1. Stay calm and do not resist arrest

   Resisting arrest is itself a criminal offence. Even if you believe the arrest is unlawful, comply physically and challenge it through legal channels. Physically resisting will make your situation worse. Keep your hands visible and speak calmly.

2. Ask why you are being arrested — you have the right to know

   Police must tell you the reason for your arrest immediately. If they do not, ask clearly: 'Why am I being arrested? What am I charged with?' You have the right under Article 5 of the European Convention on Human Rights to be informed of the reason for detention.

3. Exercise your right to silence

   You have the right to remain silent. You do not have to answer any questions beyond giving your name and address. Anything you say can be used as evidence. Say clearly: 'I wish to remain silent and speak to a lawyer first.' Do not try to explain or justify yourself without legal advice — this can seriously harm your case.

4. Demand a lawyer immediately

   You have the right to consult a lawyer before being questioned. Ask for a lawyer immediately upon arrest. If you do not have one, ask for a duty lawyer or legal aid lawyer. The police must allow you to contact a lawyer. Do not answer substantive questions until your lawyer has advised you. This right applies regardless of your nationality.

5. Legal aid is free — you are entitled to it

   If you cannot afford a lawyer, you are entitled to free legal aid in criminal proceedings. Ask the police or the court for legal aid. The Legal Aid Agency — legalaiddirective.gov.mt or call 2599 5558 — will assign a lawyer. This is a constitutional right under the European Convention on Human Rights (ECHR Art. 6(3)(c)) — do not let anyone tell you otherwise.

6. Maximum 48 hours detention without charge

   Police can hold you for a maximum of 48 hours without charging you or bringing you before a magistrate. If you have not been charged or released within 48 hours, this is unlawful detention and your lawyer should apply immediately for your release by habeas corpus. In practice, most people are brought before a magistrate within 24 hours.

7. Bail application — you have the right to apply

   You have the right to apply for bail. Bail can be denied only if you are a flight risk, danger to the public, or may interfere with evidence or witnesses. Bail is usually granted with conditions (reporting to police station, surrendering passport, paying a deposit). Your lawyer will make the bail application at your first court appearance before the Magistrate.