Criminal Code (Cap. 9), article 412C

412C. (1)Where a person (hereinafte r in this article and in article 412D referred to as "the accused") has been charged or accused with an offence before the Court of Magistrates whether as a Co urt of inquiry or as a Court of criminal judicature, the Court may, either ex officio or at the request of any party to the proceedings, on reasonable grounds, for the purpose of providing for the safety of the injured person or of other individuals or for the keeping o f the public peace or for the purpose of protecting the injured perso n or other individuals from harassmen t or other conduct which will cause a fear of violence, issue a protection order against the accused. (2) Where a protection order is requested by any party to the proceedings, such request shall be appointed for hearing to determine whether there is sufficient prima facie evidence for it to be issued by the Court within sev en days from when such request is made. (3) Before issuing a protection order, the Court shall take into account: CRIMINAL CODE [CAP. 9. 273 (a) the need to ensure that the injured person or other individual specified in the order is protected from injury or molestation; and (b) the welfare of any children or any dependants who may be affected by the order; and (c) the accommodation needs of all persons who may be affected by the order, in particular of the injured person, his children and hi s other dependants; and (d) any hardship that may be caused to the accused or to any other person as a result of making the order; and (e) the accused’s willingness or otherwise to submit to such treatment as the Court may deem appropriate; and (f) any other matter that, in the circumstances of the case, the Court considers relevant: Provided that particular attention shall be given to the matters in paragraphs ( a), (b) and ( e). (4) The Court shall always issu e a protection order in those instances where, following a risk assessment of the injured par ty or any other relevant person, it becomes apparent that such person is at a very high risk. (5) When issuing a protection order, the Court shall outline the formal requirements of such or der, and, if applicable, delineat e any prohibited areas and ot her prohibited conduct. (6) When issuing a protection order under this article, the Court shall immediately communicate such order to the Commissioner of Police, who sha ll take all actions necessary to ensure monitoring of the conditions of such order, including, i f appropriate, by electronic means. (7) A protection order may impose any restrictions or prohibitions on the accused that appear to the Court necessary or desirable in the circumstances in order to give effect to any o f the purposes mentioned in sub-article (1). (8) Without limiting the nature of the orders which may be made under sub-article (1), a protection order may do all or an y of the following: (a) prohibit or restrict the accused from approaching or following the movements of the injured person or any other individual specified in the order; or (b) prohibit or restrict access by the accused, to premises in which the injured person, or any other individual specified in the order, lives , works or frequents even if the accused has a legal inte rest in those premises; or (c) prohibit the accused from c ontacting or m olesting the injured person or any other individual specified in the order. (9) A protection order shall remain in force for a period, not exceeding five years, specified by the Court, but can be revoke d or extended for fur ther periods. 274 CAP . 9.] CRIMINAL CODE (10) A party to the proceedings i n which an order has been made under this article or any other individual mentioned in the ord er, may apply to the Court at any time for the extension, variation or revocation of the order and after all the parties have had an opportunity to be heard the Court shall, in determining whether to extend, vary or revoke an order , have regard to the matters specified in su b-article (3). (11) If without reasonable excuse the accused contravenes any prohibition or restriction imposed upon him by an order under t his article, he shall be guilty of an offence and shall, on convict ion, be liable to a fine ( multa ) of seven thousand euro (€7,000) or to imprisonment not exceeding two years or to both such fine and imprisonment. (12) The Court may also order that any arm proper or arm improper, as defined in article 64, be deposited with the Court ’s registrar. Treatment Orders. Added by: XX.2005.19. Amended by: L.N. 407 of 2007..