Probation Act (Cap. 446)
Probation Act (Cap. 446), article 33
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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