Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 412B
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.
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.