New regulations for police interrogation come into force today

New regulations that will oversee interrogations by the Police or other law enforcement officials came into force today, said the justice ministry this afternoon. The new regulations, it said, are in conformance with reforms to the criminal code introduced last November, which allow suspects to have a lawyer present during an interrogation.

“The regulations are a continuation of the implementation of the right to legal aid during an interrogation, and were drawn up with the agreement of the Chamber of Advocates and the Police Corps,” read a ministry statement. “The regulations will continue to strengthen citizens’ rights during a time when they are at their most vulnerable, while pushing our country’s judicial system closer to European and international standards.”

In February, Home Affairs minister Carmelo Abela said the government was considering legislative changes to facilitate the police’s work, adding that this would be done by studying which laws need to be improved, especially those “hindering” investigations into organised crime.

The new regulations will give investigators the necessary tools to prevent interrogations from being obstructed frivolously in order to better fight criminality in Malta, said the ministry.

It said that the new rules will allow for a time period of an hour after and arrest had been made, within which a suspect can communicate with a lawyer before the interrogation begins and that suspects will be allowed to choose their own lawyer, with a further two-hour period being granted until the arrival of the lawyer. A legal aid lawyer will be provided in cases where a suspect does not have a lawyer.

Moreover, the ministry said that a set of behaviour guidelines for both lawyer and interrogators are being laid out in the new regulations.

According to the ministry, the guidelines state that a lawyer may not act in such a way as to, prevent interrogators from asking the accused pertinent questions, or to interrupt the interrogation. Nor can a lawyer answer questions on behalf of the accused or in any way intervene to disrupt the ongoing interrogation, it added.

“If the interrogator is of the opinion that the lawyer in question is not acting in an appropriate manner, he or she should inform the lawyer that he will be removed from the room unless he acts in the appropriate manner,” said the statement. “In this case, another lawyer or legal aid can be engaged to allow the interrogation to continue.”  

On the other hand, under the new rules, if a lawyer alleges that irregularities took place during an investigation, or that there was any “bad behaviour” on the part of the interrogator, a written report must be presented to the duty magistrate within 48 hours of the conclusion of the interrogation.

“The magistrate will be obliged to investigate said report and to take action as deemed necessary under the circumstances, including, if so decided, to present his report during the suspect’s relevant court proceedings, or to report the matter to the Police Commissioner and the Attorney General.”

The regulations also specify that interrogations must be carried out in rooms that adequately temperature controlled and with proper lighting. Interrogations can also be recorded, said the ministry.

“As specified in the European Directive on the same subject, an interrogation shall not include preliminary interrogations by the police or other authorities that are intended to identify a suspect, to verify possession of a weapon, or other similar security concerns, or to determine whether or not an investigation should be started,” concluded the statement.