Rules of Arrest : a comparative study between an EU country (Malta) and non-EU country (Switzerland)

Abstract

The main aim of this dissertation is to identify different arrest practices between an EU country (Malta) and non-EU country (Switzerland). Another target of the researcher is to obtain opinions and knowledge from professionals who work in the criminal justice system of both countries. Several issues were tackled such as how arrest can breach human rights, whether arrested persons should be granted more rights, the power of private arrest and the European Arrest Warrant. Moreover, opinions were gained regarding whether there should be any changes or amendments in the Maltese law related to the rules of arrest. These aims were attained by using a qualitative approach. In fact eight interviews were conducted with local Police Inspectors and Defence Lawyers and a set of questions were also sent to a Swiss Criminal Lawyer and to the Federal Office of Justice in Switzerland. Findings indicate that arrest is a sensitive issue and has a high possibility to violate human rights. Rights which are granted similarly in both countries include the right to know the reasons of arrest, to inform relatives of whereabouts, to medical assistance and the right to remain silent. On the other hand, concepts which are different include the duration of the period of arrest, who issues the arrest warrant, the power of private arrest and the right to legal assistance.