Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 453A

Official PDF on legislation.mt

453A. (1) Before the accused pleads to the general issue as provided in article 453, the accused and the Attorney General m ay request the court, in the eventuality of a plea of guilty, to a pply a sanction or measure or, where provided for by law, a combinatio n of sanctions or measures, of the kind and quantity agreed betwe en them and to which the accused can be sentenced upon conviction for the offen ce or offences with which he is accused. (2) If the court is satisfied t hat the sanction or measure, or combination of sanctions and measures, requested as provided in sub-article (1) is one which it would have been lawful for it t o impose upon conviction for the offence to which the accused has pleaded guilty and does not have cause to order the trial of th e cause to be proceeded with for a reason referred to in article 453(2) or for any other reason to reject the request, and after explai ning to the accused in clear terms the consequences of his request, the court shall, upon a plea of guilt y by the accused, proceed to p ass the sentence indicated to it by th e parties declaring in its ju dgement CRIMINAL CODE [CAP. 9. 299 that the sentence being awarded is being so awarded at the requ est of the parties. (3) Where the Attorney General and the accused agree that the sentence to be imposed shall cons ist of a period of imprisonmen t which is to be suspended in acc ordance with the provisions of article 28A and the agreement is not rejected by the court as provided in sub-article (2) such agreement shall not in any way affect the court’s power to make an order under article 28G or 28H or both. Cap. 446. (4) Where the Attorney General and the accused agree that a measure provided for under the Probation Act is to be applied and the agreement is not rejected by the court as provided in sub-a rticle (2) such agreement shall not in any way affect the court’s powe r to make an order under article 11 of the said Act. Cap. 446. (5) A sentence imposed at the requ est of the parties as provided in this article shall not affect any matter referred to in arti cle 25(3)(a) to ( h) of the Probation Act . Recording of plea of "not guilty". Amended by: IX.1857.5; III.1880.7; Order-in- Council of 1899, sec. 7; XVI.1932.6; XXX.1934.10; XX.1936.2; XXXII.1965.8; L.N. 46 of 1965; XXV .1967.9; LVIII.1974.68; LIII.1981.7; IX.1982.2.

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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.