A person who is held under arrest by the police for questioning has to be released from custody once 48 hours elapse from the time of his arrest, unless the person is charged in court.

If this happens, then it is the court which establishes whether a person is to be remanded in custody or released on certain conditions, a senior criminal lawyer told The Malta Independent.

The lawyer was asked to explain the procedure following the arrest of businessman Yorgen Fenech on Wednesday.

Once the 48 hours elapse and the police do not have enough evidence with which to arraign the person they are interrogating, but they still hold suspicions of involvement in crime, this person must be released on what is known as police bail.

Before being released on police bail, the arrested person must sign a document provided by the police to establish his or her next appointment for questioning. The arrested person must also agree that he or she must not leave the country.

The police bail is valid for three months, the lawyer said.