Criminal Code (Cap. 9), article 412A

412A. (1) When the person charged or accused brought before the Court of Magistrates, whether as a court of criminal judica ture or as a court of criminal inquiry, is not in custody the Attorn ey General or the Police may thereupon or at any stage of the proceedings thereafter request the court to impose conditions u pon the person charged or accused in order to ensure the appearance of that person at the proceedings o n the appointed time and place or to otherwise ensure that that person will not in any way unlawfull y interfere in the correct administration of justice in those proceedings: Provided that regulations made by the Minister responsible for justice in accordance with the proviso to article 574(1) sh all apply in respect of the enforcement of the conditions imposed by the court under this sub-article, also incl uding insofar as they may prov ide for the use of electronic or other systems for the management of ba il. (2) The court may require the giving of suf ficient security by the person charged or accused by the mere recognizance of the same person charged or accused in order to ensure that he abide s by the conditions imposed upon him by the court and the provisions of articles 576 and 584, shall apply to the security given under t his 272 CAP . 9.] CRIMINAL CODE sub-article. (3) The sum given by way of security shall be forfeited to the Government of Malta and a warran t of arrest shall be issued aga inst the person charged or accused w here that person fails to observ e any of the conditions imposed by the court in pursuance of the provisions of this article and in any of the other circumstance s mentioned in article 579 provided that the Court may decide not to apply the provisions of this sub-article or not to apply them t o their full extent where the court considers that the infringement of the condition imposed by the court is not of serious consequence. Application by person in custody pending criminal proceedings alleging unlawful detention. Added by: III.2002.90. Amended by: V .2022.10.