Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 489

Official PDF on legislation.mt

489. Where the law by reason of any previous conviction prescribes an increase of punishm ent for a subsequent offence, the trial shall proceed as if the p revious conviction and sentence of the accused had not been alleged in the indictment; and the allegat ion of any such previous conviction and sentence shall not be submitted to the jury until after and if the jury shall have de clared the accused guilty of such subsequent offence: Exception.Provided, however, that, if upon the trial in respect of such subsequent offence or relapse, evidence is adduced as to the go od character of the accused, it shal l be lawful for the Attorney General, in answer thereto, to read out the indictment and to p rove the conviction of, and sentence passed on, the accused for the previous offence, even before the jury shall have found the acc used guilty. Question by court to accused as to applicability of punishment. Amended by: IX.1857.11; L.N. 46 of 1965; XXV .1967.14; LVIII.1974.68; III.2002.113.

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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.