Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 28E
28E. (1) Where an offender is sentenced for more than one
crime in accordance with the provisions of article 17( b), an order
under article 28A(1) may be made if the single term of
imprisonment deemed appropriate and fixed by the court in the
sentence so suspended does not exceed two years and if the othe r
conditions for a suspended s entence to be passed apply.
(2) Deleted by: III.2002.13.
(3) Where the Court of Magistrates convicts an offender of an
offence punishable with imprisonment committed during the
operational period of a suspended sentence passed by the Crimin al
Court, it shall, after making th e declaration of guilt of the o ffender
in respect of such offence and st ating its conclusion, where it is so
satisfied, that the appropriate punishment for that offence is
imprisonment, refer the case for the determination of the
punishment to the Criminal Court by committing the offender to
that court as provided in article 28C(2) without pronouncing th e
term of imprisonment for the further offence:
Provided that if the Criminal Court does not make an order
under article 28B(1), it shall determine the term of imprisonme nt
for the further offence only.
(4) Deleted by: III.2002.13.
(5) No court dealing with an offender as provided in article
28C and in this article may vary the term of imprisonment award ed
in the suspended sentence by reducing such term, except in so f ar
as may be necessary for the purpose of compliance with the
provisions of article 17( b).
Recidivists.
Added by:
XXIX.1990.3.
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.