Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 569
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.
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.