Increase in detainment period to 96 hours proposed by Jason Azzopardi

Currently a person can only be detained for a 48-hour period, regardless of the severity of the crime

 

Opposition MP and criminal lawyer Jason Azzopardi is proposing an increase in the maximum time period during which a person can be detained in Malta.

During his adjournment speech in parliament, Azzopardi made the argument for this extension during the investigation of serious or grievous crimes.

Azzopardi highlighted that, regardless of the severity of the crime, the police are only given a 48-hour period to decide whether the person should be arraigned or let free.

"Whether the police are investigating a snatch and grab, or if they are investigating a homocide - the two cases are both tied to the 48-hour arrest rule," he said.

Azzopardi took the UK's recent amendments to the Police and Criminal Evidence Act as an example. "In the event of a 'normal' crime, the maximum arrest is of 24 or 48 hours, but in the event of a grievous crime the period of maximum arrest can be 96 hours, after which the person is released or taken to court."

"In the case of terrorism, a person in the UK can be held for 40 days before being released," he continued.

"I am proposing that, in cases where the police or other official is investigating a grievous crime, if after 48 hours the investigation has not been concluded for genuine reasons, a request can be made under oath to the magistrate explaining why another 48 hours are needed."

Currently a person may only be detained for a period of 48 hours. Once the 48 hours are up, the police must decide whether to grant bail or arraign the individual.

Throughout November of last year, Yorgen Fenech had to be granted police bail five times during interrogations relating to the Daphne Caruana Galizia assassination because police were unable to resolve investigations during the 48-hour period.

Azzopardi had posted to Facebook last month calling for this extension, saying that the 48-hour period did not allow sufficient time for police to thoroughly investigate more serious and complex crimes, especially those relating to homicide and organised crime.