Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 28C

Official PDF on legislation.mt

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.

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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.