Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

A police officer may, in a public place, or in any place to which the public is admitted, even against payment of an entrance fee, search any person or vehicle, if he has a reasonable suspicion that the search will discover the possession of things, which are prohibited, stolen or acquired as the result of any offence whatsoever, or which may be used or may have been used in the commission of an offence or which may serve in the investigation of an offence. Except in urgent cases and when a person is apprehended in flagrante delicto, the search of a person has to be carried out by a police officer of the same sex and cannot be conducted by a police officer not in uniform unless that officer can clearly identify himself by a police identity card. An intimate search of an arrested person can take place when the arresting officer or the custody officer requests a Magistrate to authorise such search. This is done when the officer has reasonable suspicion that the person arrested may have concealed on his person any drug the unlawful possession of which would constitute a criminal offence or any other item which a custody officer is authorised by law to seize from the possession of an arrested person. The Magistrate will appoint an expert to conduct the examination and the expert will then compile a report which is communicated to the arresting/custody officer.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive For the Member States which have not implemented the afore mentioned Directive: European Convention on Mutual Assistance in Criminal Matters, 20.04.1959 Convention implementing the Schengen Agreement Convention on Mutual Legal Assistance between Member States of the European Union, 29.05.2000

Competent Authority

* receive the request/decision for judicial cooperation

To receive/transmit the request: Office of the Attorney General To execute: Executive Police

Accepted languages

Accepted languages for the request/decision

Maltese or English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

No specific deadline in the law except for those specified in the EIO Directive for the execution of any EIO.

Concise legal practical information

Special requirements

Pursuant to and for the purposes of the Convention of the 19th June, 1990 implementing the Schengen Agreement of the 14thJune, 1985 an offence referred to in the articles of the Maltese Criminal Code dealing with power to stop, search and seize, shall be deemed to be an offence even when committed outside Malta. The police also have the power to search an arrested person if the police officer has reasonable grounds for believing that the arrested person may present a danger to himself or others or is possession of anything which the arrested person might use to assist him to escape from custody; or for anything which might be evidence related to an offence.

Last reviewed on 22 September 2022 by EJN Secretariat

NEXT MEASURE

  • Examination and identification (A.40-A.43)
  • A.41 Psychiatric medical examination
next

Export this Judicial Cooperation Measure

File format