Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 28C
28C. (1) An offender may be dealt with in respect of a
suspended sentence by the Court of Criminal Appeal, by the
Criminal Court or, where the sentence was passed by the Court o f
Magistrates, by such court.
(2) Where an offender is convicted by the Court of Magistrates
of an offence punishable with imprisonment and the court is
satisfied that the offence was committed during the operational
period of a suspended sentence passed by the Criminal Court, th at
court shall commit the offender in custody or on bail before th e
Criminal Court for the purpose of being dealt with in respect o f the
suspended sentence:
Provided that where the Cour t of Magistrates is of the
opinion that the appropriate punishment for the further offence is
imprisonment, the provisions of article 28E(3) shall apply.
(3) For the purposes of this article and of articles 28D and
28E -
(a) a suspended sentence passed on an offender on appeal
shall be deemed to have b een passed by the court from
which the appeal was made;
(b) the Juvenile Court shall be deemed to be a Court of
Magistrates (Malta) or a Cou rt of Magistrates (Gozo),
as the case may be.
Suspended
sentence not
dealt with on
conviction of
further offence.
Added by:
XXIX.1990.3.
Amended by:
VIII.1990.3;
III.2002.12.
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.