Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 28E

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.