Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 500B

Official PDF on legislation.mt

500B. (1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desi res the opinion of the Court of Criminal Appeal on a point of law which has arisen in the case and within the time laid down in article 504, refer that point to t he court, and the court shall, in accordance with this article, co nsider the point and give their opinion on it. (2) For the purpose of their consid eration of a point referred t o them under this article the Court of Criminal Appeal shall hear argument - (a) by the Attorney General; and (b) either by counsel for the defence, if the acquitted person desires to present any argument to the court or, in default, by the Ad vocate for Legal Aid. ( 3 ) A r e f e r e n c e u n d e r t h i s a r t i c l e s h a l l n o t a f f e c t t h e t r i a l i n relation to which the reference is made or any acquittal in tha t trial. (4) The Board referred to under article 516(3) may make rules to regulate the form and content s of the reference by the Attor ney General under this article and to provide for all other matters connected therewith o r ancillary thereto. Determination of appeals in ordinary cases. Added by: XXV .1967.18. Amended by: XXVII.1975.29; III.2002.118; XXXII.2018.8.

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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.