Criminal Code (Cap. 9), article 428

428. ( 1 ) I f t h e s u p e r i o r c o u r t f i n d s t h a t t h e f a c t a t t r i b u t e d t o the offender constitutes an offence liable to a punishment exceeding the jurisdiction of the Court of Magistrates as court of criminal judicature, it shall quash the judgment, and shall tra nsmit the record to the Cour t of Magistrates to proceed according to law. (2) If the court finds that the of fence attributed to the offend er was not within the jurisdiction of the inferior court by which it was tried, but that it was within the jurisdiction of another infer ior court, the superior court shall quash the judgment and refer th e case to the competent court. But in this case the plea to the jurisd iction of the court shall not be allowed - (a) if it was not raised be fore the inferior court; (b) if, having been raised, it was expressly or tacitly waived. (3) If the superior court finds that the inferior court, being competent to deal with the case, declared that it was not so competent, it shall quash the judgment, and shall proceed to determine the merits of the case. The same procedure shall be followed where the superior court finds that a breach or an omission of any of the formalitie s prescribed by the law under pain of nullity, or othe rwise substantial, has taken place. (4) If the superior court finds that an appeal entered solely on the ground of want of jurisdicti on or of any breach or omission of formalities, is groundless, it shall make a pronouncement to th at effect, and shall refer the case to the inf erior court. (5) If the appeal is entered on the ground of want of jurisdiction or of any breach or omission of formalities, and a lso on the ground of a wrong judgment on the merits, the superior cour t, if it finds that the appeal, in so far as it is entered on the gro und of want of jurisdiction or of any breach or omission of formalitie s, is without foundation, shall make a pronouncement to that effect a nd shall decide on the merits in accordance with the following sub - 282 CAP . 9.] CRIMINAL CODE article. (6) If the appeal refers only to the merits, the superior court shall pronounce judgment either affirming or varying or reversi ng the judgment appealed from. (7) If the appeal is made only by the party convicted, the punishment may not be increased. Registrar to transmit to inferior court copy of judgment of appellate court. (8) The Registrar of Courts shall, within twelve working days, transmit to the inferior court, a copy of the judgment affirmin g, varying or reversing the judgment appealed from. (9) Where the inferior court is the Court of Magistrates (Gozo), the copy of the judgment may be sent by post. Decision as to costs by appellate court. Added by: XI.1900.70. Amended by: VIII.1909.47; XXIV .1995.362; III.2002.100; L.N. 407 of 2007.