Probation Act (Cap. 446)

Probation Act (Cap. 446), article 22

Official PDF on legislation.mt

22. (1) Where a court by which a person is convicted of an offence (not being an offence punishable only be a fine ( multa or ammenda ) and not being an offence which apart from an increase of punishment in view of continuity or previous convictions, is punishable with imprisonment for a term exceeding seven years) is of opinion that, having regard to the circumstances of the case , including the nature of the offence and the character of the offender, it is inexpedient to inflict punishment and that a pr obation order, a community service order or a combination order are not appropriate, the court may make an order discharging the offend er absolutely, or, if the court thinks fit, discharging the offend er subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, a s may be specified therein. The provisions of the proviso to article 7(2) shall mutatis mutandis apply to this subarticle. (2) An order discharging a person subject to such a condition as aforesaid is in this Act referred to as "an order for condition al discharge" and the period specified in any such order as "the p eriod 12 [CAP. 446. PROBATION of conditional discharge". (3) Before making an order for conditional discharge, the court shall explain to the offender in ordinary language that if the offender commits another offence during the period of condition al discharge, the offender will be liable to be sentenced for the original offence. (4) Where, under the provisions in this Act, a person conditionally discharged is sentenced for the offence in respec t of which the order for conditional discharge was made, that order shall cease to have effect. Conviction following an order.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.