Cap. 260 Art. 3Power of Minister to appoint other prisons. XXIV. 2002.15. Cap. 217.

(1) The Minister may by order published in the Gazette declare any place or building or part of a building to be a prison.

(2) The Minister may also appoint any suitable place outside the precincts of a prison for the custody of any prisoner, or other person liable to be confined in prison, who is subject to quarantine or is suffering from any contagious or infectious disease within the meaning of any law for the time being in force; and any such place shall be guarded only if and to the extent that the Director deems it necessary or expedient.

(3) A prisoner shall be deemed to be confined in a prison while he is being moved to or from a prison or from one prison to another or while he is under treatment or observation in any hospital.

sentenced by a competent authority to pay a fine (multa or ammenda) or costs, fails to pay such fine or costs in any case in which, according to law, such fine or costs are, if not paid, convertible into imprisonment or detention;

(b) any person who has been sentenced to the punishment of death, imprisonment or detention by any other court or by any authority in Malta authorised by law to inflict any such punishments, unless such law appoints any other place in which the punishment is to be undergone;

(c) any person who, having been sentenced abroad by a foreign or international court or other competent authority to a punishment involving deprivation of liberty for a limited or unlimited period of time on account of a criminal offence, is sent to Malta to continue serving such sentence in Malta in accordance with any treaty, convention, agreement or understanding for that purpose to which Malta is a party or which is for the time being in force between Malta and the foreign country concerned or which applies to both such countries or to which both countries are a party;

(d) any person who has been arraigned under arrest and charged before the competent court for an offence in respect of which the courts in Malta have jurisdiction according to law, or is under examination before a court of criminal inquiry, or who is committed for trial by the said court or by any other competent authority, or who is under trial in Malta, or who is the subject of extradition proceedings, unless such person is released on bail.

(2) It shall be lawful to confine in a prison:

(a) any person who, having been sentenced to give security to keep the peace and to be of good behaviour or to watch over the conduct of a minor is, upon failure to give such security, liable to be detained and kept in custody, and any person who is arrested by a competent court for non-payment of the sum in which he bound himself;

(b) any person, whose arrest or detention according to law is ordered by any court or other competent authority;

(c) any person who, under any extradition arrangement, is liable to be surrendered to a foreign country;

(d) any person detained in custody under the provisions of the Immigration Act, other than under article 10 or 22 places or buildings or parts of a building shall be used for the men and for the women respectively so as to prevent the one category of prisoners from seeing or communicating with the other category.

5. Repealed by Act VII of 1999.