Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 489
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.
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.