Criminal Code (Cap. 9), article 406

406. (1) Where the indictment has already been filed, the demand of the Attorney General o r of the accused, referred to i n the last preceding article, shall be made by an application to the Criminal Court. Such application shall contain a list of the proposed witnesses and a clear indication of the subject on whi ch they are to be examined. The court, if it allows the applicatio n, shall order the hearing of the witnesses, and shall, for this p urpose, direct that the application be transmitted to the Court of Magistrates as a court of crim inal inquiry, and the latter cour t shall proceed in accordance wi th the provisions of the said article. (2) The record of the proceedings shall be forwarded by the registrar to the Court of Magistr ates together with the said ap plication. (3) The Court of Magistrates shall send back the record, togethe r with the depositions taken, to the Criminal Court, and shall or der that the Attorney General be grante d, within three (3) days, access by electronic means to the scanned evidence of the witnesses if he ard. Application to be allowed only in certain cases. Depositions taken after expiration of period prescribed for list of witnesses, admissible at trial only with leave of court. (4) The demand for the hearing of witnesses in the cases referred to in this article shall not be granted, unless the co urt is satisfied that the witnesses are about to leave Malta or are in danger of life or are in such a condition as to be probably unable to attend in court on the day appointed for the trial; and if the hearing of the witnesses takes place af ter the lapse of the term fixed in arti cle 438 for the filing of the list of the witnesses to be produced at t he trial, their depositions shall not be admissible except with the leave of the Criminal Court to be granted only if the said court, having regard to the circumstances of the case, is of opinion that the evidence resulting th erefrom is relevant. Term within which to conclude inquiry, in case of contestation by Attorney General of insanity of accused and in case of fresh evidence. Amended by: XI.1900.68.