Criminal Code (Cap. 9), article 433

433. * (1) If the Attorney General is of opinion that there are not sufficient grounds for the filing of an indictment against the accused, he may, within the term s prescribed in the last preced ing article, by warrant under his signature, order the discharge of the accused, filing a declar ation to that effect in the Criminal Co urt. to withdraw indictment, (2) The Attorney General may a lso withdraw an indictment already filed, by making in cour t a declaration to that effect. to arrest person discharged by the Court of Magistrates. (3) Finally, the Attorney Gener al may, within one month from the day on which he is granted ac cess by electronic means to th e record of the inquiry, apply to the Criminal Court for the issu e of a warrant for the arrest of any person discharged by the Court of Magistrates. The provisions of su b-articles (3A) and (3B) shall apply to an application made under this sub-article. (3A) The application shall be appointed for hearing and shall b e served on the person discharged together with a notice of the d ate of the hearing. (3B) Where the Criminal Court is of the opinion that there are sufficient grounds for an indictment to be filed against the pe rson discharged it shall forthwith i ssue a warrant for the arrest of that person; and in such case the ter m for filing the indictment sha ll commence to run from th e day of the arrest. (3C) Where the person discharg ed fails to make an appearance at the hearing without good cause the Court shall order his arr est in order to appear for the hearing of the application. (4) In all cases referred to in the preceding sub-articles of th is article, the Attorney G eneral shall make a report to the Presid ent of Malta stating the reasons for his action. Power of Attorney General, in cases where he is of opinion that the offence is triable by the Court of Magistrates. (5) Nevertheless, if, on account of the absence of circumstances constituting an off ence within the jurisdiction o f the Criminal Court, the Attorney General decides not to file an indictment against the accused, but is of opinion that from the inquiry there might result an offence within the jurisdiction o f the Court of Magistrates, he shall not discharge the accused, but s hall file a demand to the Court of Magistrates, and that court shall decide upon the charge of such offence, independently of all other circumstances. Power of court to hear further evidence. (6) Before convicting or acquitting the accused or before giving any other direction with in its jurisdiction as court of criminal judicature, the court sh all have power, on the charge of such offence, to hear further evi dence whether against or on be half of the accused. *See transitory provision in article 5 of Act VI of 2007 as reg ards the amendments to this article. CRIMINAL CODE [CAP. 9. 285 Liability to further proceedings on fresh evidence. Amended by: L.N. 46 of 1965; LVIII.1974.68; VIII.1990.3.