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The Criminal Code (Amendment) Act, 2007 (Bill No. 92)

A BILL

entitled

AN ACT to amend the Criminal Code, Cap. 9.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows>

Short title.

Amendment of article 121A of the Code.

Amendment of article 121B of the Code.

Amendment of article 433 of the Code.

1. The title of this Act is the Criminal Code (Amendment) Act,
2007, and this Act shall be read and construed as one with the Criminal
Code, hereinafter referred to as “the Code”.
2. In sub-article (1) of article 121A of the Code, for the words
“to one year” there shall be substituted the words “to eighteen months”.
3. In article 121B of the Code, for the words “to one year” there shall be substituted the words “to eighteen months”.
4. For sub-article (3) of article 433 of the Code there shall be substituted the following sub-articles>
“(3) Finally, the Attorney General may, within one month from the day on which the record of inquiry shall have been transmitted to him, apply to the Criminal Court for the issue of a
warrant for the arrest of any person discharged by the Court of Magistrates. The provisions of sub-articles (3A) and (3B) shall apply to an application made under this sub-article.
(3A) The application shall be appointed for hearing and shall be served on the person discharged together with a notice of the date of the hearing.
(3B) Where the Criminal Court is of the opinion that there are sufficient grounds for an indictment to be filed against the person discharged it shall, even if any of the parties fails without good cause to make an appearance at the hearing, forthwith issue a warrant for the arrest of that person< and in such case the term for filing the indictment shall commence to run from the day of the arrest.”.
5. (1) The provisions of this article shall apply in respect of any person (hereinafter in this article referred to as “relevant person”) who, before the coming into force of this Act>
(a) was discharged by the Court of Magistrates as a court of criminal inquiry and re-arrested in pursuance of a warrant issued by the Attorney General under the provisions of article 433 of the Code before its amendment by this Act< and
(b) has not been convicted or acquitted, whether by a judgement of first instance or on appeal, of the charges against him.
(2) The provisions of article 433 of the Code as amended by this Act shall, subject to the provisions of the following sub-articles of this article, apply in respect of a relevant person.
(3) Where an application under article 433 of the Code as amended by this Act is made in respect of a relevant person by virtue of this article the following provisions shall apply>
(a) the period of one month mentioned in article 433 of the Code as amended by this Act shall commence to run from the date of the coming into force of this Act<
(b) the application shall not contain a request for the issue of a warrant of arrest of the relevant person but shall instead contain a request for a declaration that on the date the relevant person was discharged there were sufficient grounds for an indictment to be filed against him<
C 121

Transitory

Provisions.

C 122
(c) if the Criminal Court is of the opinion that on the date the relevant person was discharged there were sufficient grounds for an indictment to be filed against that person the court shall so declare in its decision on the application and shall order the continuation of the proceedings against the relevant person<
(d) if the Criminal Court is of the opinion that on the date the person was discharged there were not sufficient grounds for an indictment to be filed against that person the court shall order his discharge.

Objects and Reasons

The object of this Bill is mainly to effect amendments in the Criminal Code relating to the action which may be taken by the Attorney General when a person is discharged by the Court of Magistrates as a court of criminal inquiry, consequential to a recent judgment of the Constitutional Court.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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Lm0.16 (€0.37)