Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 412B

Official PDF on legislation.mt

412B. (1) Any person in custody for an offence for which he is charged or accused before the C ourt of Magistrates and who, at any stage other than that to which article 574A applies, alleges th at his continued detention is not in accordance with the law may at an y time apply to the court demanding his release from custody. Any such application shall be appoint ed for hearing with urgency an d together with the date of the hearing shall be served on the sa me day of the application on the Commissioner of Police or, as the case may be, on the Commissioner of Police and the Attorney General, who may file a reply thereto by not later than the day of the hearing. (2) The provisions of article 574A(2) and (3) shall mutatis mutandis apply to an application under this article. (3) Where the application is filed in connection with proceeding s pending before the Court of Magistrates as a court of criminal inquiry before a bill of indictment has b een filed or if the term refer red in sub- article (3A) of article 401 is s till running, the application s hall be filed in the Criminal Court and the foregoing provisions of this arti cle shall mutatis mutandis apply thereto. (4) The provisions of article 409A(4) shall apply to a decision of the Court of Magistra tes under this article. Protection Orders. Added by: XX.2005.19. Amended by: L.N. 407 of 2007. Substituted: XIII.2018.24.

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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.