Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 569

Official PDF on legislation.mt

569. (1) The record of any proceedi ngs under this Title shall, where no criminal inquiry has taken place thereon, be transmitt ed by the magistrate to the Attorney General within the period of three working days. (2) The Attorney General shall return any such record to the magistrate or to the inquiring magistrate when any further investigation is to be held. (3) Where such record is returned to the magistrate, the provisions of article 550A shall, mutatis mutandis , apply. (4) For the purpose of sub-arti cle (2), such record shall be returned by means of a note filed in the Court of Magistrates, and, notwithstanding anything contained in this Code, the Attorney General shall not be subpoenaed to exhibit such record. (5) Where in the procès-verbal the magistrate shall have indicated a person about whom a d ecision whether the criminal a ction shall be instituted should be taken on any one or more charges, the magistrate shall order that a copy of the same procès-verbal shall be transmitted by the registrar to the Commissioner of Police w ho, saving the provisions of sub-ar ticle (6), shall proceed accordi ngly. (6) Notwithstanding the provisions of sub-article (5), the Commissioner of Police may consult with the Attorney General wh o shall either determine the charge or charges on the basis of wh ich the criminal action is to be instit uted or direct that no proceedin gs are to be taken, without prejudice to the right of the Attorney Genera l to direct otherwise whenever fres h evidence becomes available: Provided that where the Attorney General shall have directed that no proceedings are to be tak en, the provisions of sub-arti cle (4) of article 541 shall apply. Title III OF COUNSEL FOR THE ACCUSED Duties of Advocate for Legal Aid. Amended by: XXI.1971.27. Substituted by: III.2002.135.

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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.