Detention Service Regulations — Rights and Duties of Detainees

Subsidiary legislation under the Immigration Act establishing the legal framework governing Malta's immigration detention centres, detainee rights, and officer duties.

Not a court judgment — subsidiary legislation (Legal Notice) · N/A — Legislative instrument, not a judicial decision · 15 January 2016

This document is not a court judgment but rather Subsidiary Legislation 217.19 — the Detention Service Regulations — published under Legal Notice 16 of 2016 and subsequently amended by Legal Notices 330 of 2020 and 90 of 2026. It was made under the authority of the Immigration Act (Chapter 217) and sets out the comprehensive legal framework governing immigration detention centres in Malta. The regulations establish the roles and responsibilities of detention centre officials, including members of the Armed Forces of Malta, the Malta Police Corps, and the Detention Services Agency. Officers are required to observe the regulations, support the officer-in-charge, report abuses, and at all times prioritise the welfare of detainees. Prohibitions on receiving gratuities, engaging in commercial transactions with detainees, and making unauthorised press communications are explicitly stated. The regulations also set out in considerable detail the rights of detained persons. These include the right to retain personal property, to receive and send correspondence freely, to practice their religion, to access open-air exercise for at least one hour daily, to receive nutritious and culturally appropriate food, and to participate in paid activities, education, and recreational programmes. Special provisions are made for female detainees, families, and vulnerable individuals. Safeguards around correspondence and visits are notable: letters may only be opened in exceptional circumstances, and detainees must be present and given reasons in advance. Postage costs for correspondence to the European Court of Human Rights, the Court of Justice of the EU, and Maltese courts are to be borne by the Detention Services Agency. Confidentiality of medical and other reports is also mandated under a 2026 amendment. This legislative instrument represents Malta's attempt to codify humane and rights-compliant standards for immigration detention, reflecting obligations under both domestic law and international human rights instruments, including EU law.

N/A — This is a piece of subsidiary legislation, not a court verdict. No convictions, fines, or sentences are imposed.

• Subsidiary legislation under the Immigration Act (Chapter 217) has the force of law and governs the day-to-day operation of immigration detention centres in Malta.
• Detained migrants in Malta have codified legal rights including daily open-air exercise, culturally appropriate food, religious practice, free correspondence, and access to legal representation.
• Correspondence between detainees and courts — including the European Court of Human Rights — cannot be stopped without good reason, and postage costs are covered by the state.
• Officers serving in detention centres are bound by strict codes of conduct prohibiting gratuities, commercial dealings with detainees, and unauthorised media communication.
• Amendments introduced in 2020 and 2026 demonstrate that Maltese detention law is evolving, with confidentiality of detainee records and modalities of external contact being progressively strengthened.

Immigration Act Chapter 217; Legal Notice 16 of 2016 (Detention Service Regulations); Legal Notice 330 of 2020; Legal Notice 90 of 2026; International Protection Act Chapter 420

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