Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 511

Official PDF on legislation.mt

511. (1) If, during the hearing of the appeal, any of the sitting judges dies or becomes ill, another judge shall be surrogated a s provided under article 498 and all proceedings shall take place anew if the court, in the interests of justice, shall so deem f it or if the accused makes a demand to that effect: Provided that the proceedings shall in any case take place anew where the surrogated judges are two or more: P r o v i d e d f u r t h e r t h a t i t s h a l l n o t b e l a w f u l t o r a i s e a g a i n any objection to a judge sitting in the court which has been al ready decided or any question on which the court has already given judgment before the surrogation of the judge or judges has take n place. (2) If the Attorney General or c ounsel delegated by him dies or becomes ill or if the advocate for the appellant dies or become s ill or if the appellant himself becom es ill, during the hearing of the appeal, it shall be within the discretion of the court as the i nterests of justice may require to order that all proceeding shall take place anew: 318 CAP . 9.] CRIMINAL CODE Provided that in the case of the death of the advocate for the appellant or in the case of illness of such advocate and substi tution by another advocate, all proceedings shall always take place an ew if the appellant makes a demand to that effect. Provisions as to proceedings before Court of Criminal Appeal. Added by: XXV .1967.18. Amended by: XXI.1971.27; XXVII.1975.32; XIII.1983.5; III.2002.122; L.N. 407 of 2007.

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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.