Country

Malta

Detention issue

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Legal instruments & key provisions

Legal instrument Key provision
Criminal Code (Chapter 9 Criminal Code to amend and consolidate the Penal Laws and the Laws of Criminal Procedure)Solitary confinement may be that imposed as a punishment by virtue of a court order, or that following an offence against discipline. A national minimum standard in relation to duration is stipulated as no longer than ten continuous days, with no less than two months between solitary confinement periods. The court imposing solitary confinement may only impose it if it is satisfied that the convicted persons is medically fit to undergo solitary confinement, and such medical fitness should subsist throughout the duration of the solitary confinement.
Prisons Regulations (Prisons Regulations, Subsidiary Legislation 260.03)Cellular confinement not exceeding 30 days can be imposed by the director of prisons as a punishment against an offence against discipline.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report