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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 Art. 60Irregular arrest and confinement.

PART III

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(1) Any person subject to military law who, when another person subject thereto is under arrest -

(a) unnecessarily delays the taking of such steps as it is his duty to take for investigating the allegations against that other person or for having the allegations against that other person investigated by his commanding officer or the appropriate superior authority or, as the case may be, tried by court-martial; or

(b) fails to release, or effect the release of, that other person when it is his duty to do so, shall be guilty of an offence against this article.

(2) Any person subject to military law who, having committed a person (hereinafter referred to as "the prisoner") to the custody of any provost officer or other officer, or any warrant officer or non-commissioned officer, fails without reasonable cause to deliver -

(a) at the time of the committal, or

(b) if it is not practicable so to do at the time of the committal, then within twenty-four hours thereafter, to the person to whose custody the prisoner was committed a report in writing signed by himself of the offence which the prisoner is alleged to have committed, shall be guilty of an offence against this article.

(3) Where any person (hereinafter referred to as "the prisoner") is committed to the charge of a person subject to military law who is in command of a guard, then if without reasonable cause that person does not as soon as he is relieved from his guard and any further duty, or, if he is not sooner relieved, within twenty-four hours after the committal, give to the officer to whom it is his duty to report -

(a) a written statement containing, so far as known to him, the prisoner’s name and alleged offence and the name and rank or other description of the officer or other person by whom the prisoner is alleged to have committed the offence, and

(b) if he has received it, the report required by the last foregoing sub-article, he shall be guilty of an offence against this article.

(4) Any person guilty of an offence against this article shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.