Probation Act (Cap. 446)

Probation Act (Cap. 446), article 33

Official PDF on legislation.mt

33. The issuing authority shall be informed, by any means which leaves a written record, of: (a) the transmission of the community sanction together with the certificate to the competent authority responsible for its recognition and for taking the ensuing measures for the supervision of the community sanction and where it has no competence to recognise it and take the said measures for the supervision, it shall, ex officio , forward it to the competent authority of the issuing State; (b) the fact that it is in practice impossible to supervise the community sanctions for the reason that, after transmission of the community sanction, together with the certificate, to Malta, the sentenced person cannot be found in the territory of Malta, in which case Malta shall be under no obligation to supervise the community sanction; (c) the final decision to recognise the community sanction and to assume responsibility for supervising the community sanction; (d) any decision not to recognise the community sanction and to assume responsibility for supervising the community sanction in accordance with article 31(2), together with the reasons for the decision; (e) any decision to adapt community sanction in accordance with the provisos to article 31(2), together with the reasons for the decision; (f) any decision on amnesty or pardon granted by the issuing or executing State which leads to not supervising the community sanction, together, where applicable, with the reasons for the decision. Consultations between competent authorities. Added by: VI. 2010.10.

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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.