Criminal Code (Cap. 9), article 575

575. (1) Saving the provisions of article 574(2), in the case of - (i) a person accused of any crime against the safety of the Government, or (ii) a person accused of any crime liable to the punishment of impr isonment for life, the court may grant bail, only if, after taking into considerat ion all the circumstances of the case, the nature and seriousness of th e offence, the character, anteced ents, associations and community ties of the accused, as well as a ny other matter which appears to be relevant, it is satisfied that there is no danger that the accu sed if released on bail - (a) will not appear when ordered by the authority specified in the bail bond; or (b) will abscond or leave Malta; or (c) will not observe any of the conditions which the court would consider proper to i mpose in its decree granting bail; or (d) will interfere or attempt to interfere with witnesses or otherwise obstruct or attempt to obstruct the course of justice in relation to himself or to any other person; or (e) will commit any other offence. Application for bail. (2) At any stage other than that referred to in article 574A, th e demand for bail or any demand for the variation of the conditio ns of bail after bail has been granted, shall be made by an applic ation, a copy whereof shall be communica ted to the Attorney General on the same day, whenev er it is made by - (a) persons accused of f raudulent bankruptcy; (b) persons accused of any crime under Sub-title III of Title III of Part II of Book First of this Code, if such crime is punishable with more than one year’s imprisonment; (c) persons accused of any cr ime punishable with more than three years’ imprisonment. Objection by Attorney General. (3) The Attorney General may, within the next working day, by a note, oppose the application, stating the reasons for his opposition. When bail may not be refused. (4) Bail shall always be granted in the case referred to in the CRIMINAL CODE [CAP. 9. 369 proviso to article 432(1). (4A) Where the Court of Magistrates, whether as a court of criminal judicature or as a cour t of criminal inquiry, grants b ail to the person in custody or subsequently amends the bail condition s, the decision of the court to tha t effect shall be served on the Attorney General by not later than the next working day and the Attorney General may apply to the Criminal Court to obtain the re- arrest and continued detention of the person so released or to amend the conditions, including the amount of bail, that may ha ve been determined by the Court of Magistrates. (5) Where in the case of a person accused of a crime in respect of which the Court of Magistrates has proceeded to the necessar y inquiry, the Attorney Gen eral has not either - (a) filed the indictment, or (b) sent the accused to be tried by the Court of Magistrates as provided in paragraph of article 370(3)( a) or in article 433(5) or in similar pr ovisions in any other law within the terms specified in s ub-article (6), to run from the day on which the person accused is broug ht before the said court, or f rom the day on which he is arrested as provided in article 397(5), that person shall be granted bail. (6) (a) The terms referre d to in the precedi ng sub-article are: (i) twelve months in the case of a crime liable to the punishment of imprisonment of less than four years; ( i i ) s i x t e e n m o n t h s i n t h e c a s e o f a c r i m e l i a b l e t o the punishment of imprisonment of four years or more but less than nine years; and (iii) twenty months in the case of a crime liable to the punishment of imprisonment of nine years or more. (b) The terms mentioned in paragraph ( a) shall be held in abeyance for the corresponding period during which the terms referred to in articles 401, 407 and in article 432(3) are held in abeyance for any of the reasons mentioned in article 402(1) a nd (2), as well as for such period during which the court is unable to proceed with the inquiry except after the determination of any issue before any other court. (c) The terms mentioned in paragraph ( a) shall also be held in abeyance for the co rresponding period during which the record of the inquiry is with the Court of Magistrates for the examination of witnesses as provided in article 405(5). (7) Bail shall also always be gra nted to a person accused of an offence unless, within the terms specified in sub-article (9), to run as provided in sub-article (8), there has been a final judgment acquitting, con victing or sentencing the person so accused. (8) The terms specified in s ub-article (9) shall run: 370 CAP . 9.] CRIMINAL CODE (a) where no inquiry has taken place, from the day when the person accused has been brought befo re the Court of Magistrates or from the day on which he has been arrested as provided in article 397(5); (b) where there has been an inquiry, from the day that the Attorney General sends the accused to be tried by the Court of Magistrates as provided in article 370(3)( a) or in article 433(5) or in similar provisions in any other law, or from the day of the filing of the indictment: Provided that where the accu sed makes objection to the case being dealt with summarily as provided in article 370(3)( d), the term shall commence to run from the date of the filing of t he indictment. (9) ( a) The terms referred to in s ub-articles (7) and (8) are: (i) four months in the case of a contravention or of a crime liable to the punishments established for contraventions or to imprisonment for a term not exceeding six months; (ii) eight months in the case of a crime liable to the punishment of imprisonment for a term exceeding six months but not exceeding four years; (iii) twelve months in the case of a crime liable to the punishment of imprisonment for a term exceeding four years but not exceeding ten years; (iv) twenty-four months in the case of a crime liable to the punishment of imprisonment for a term exceeding ten years but not exceeding fifteen years; (v) thirty months in the case of a crime liable to the punishment of imprisonment for a term exceeding fifteen years. (b) The terms mentioned in paragraph ( a) shall be held in abeyance - (i) for such period during which the court is unable to proceed with the hearing of the cause except after the determination of any issue before any other court of for any of the reasons mentioned in article 402(1) and (2); (ii) for the corresponding period during which the record of the inquiry is with the Court of Magistrates for the examination of witnesses demanded by the accused as provided in article 406; (iii) for such period as the case is before the Court of Criminal Appeal on an a ppeal entered by the accused from an interlocutory decree or on an appeal entered by the accused or by the Attorney CRIMINAL CODE [CAP. 9. 371 General as provided in article 499; (iv) where the cause has been adjourned at the request of the accused or his counsel, for the period from the date of the request to the date of the next hearing. (v) for such period during which the court cannot hear the case due to circumstances regarding the health of the accused re sulting from self-harm by the accused: Provided that a period of suspension under this sub-paragraph shall in any case last for two months or be equivalent to the time during which the effects of the self-harm inflicted by the accused persist, whi chever is the longer; (vi) without prejudice and subordinately to the application of the preceding sub-paragraphs, when the court, after having appointed the case for hearing shall have cancelled that appointment for a reason exclusively attributable to the accused or to one or more of the accused, for such period until the case is heard: Provided that a period of suspension under this sub-paragraph shall not exceed two months every time and in any case it shall not exceed a maximum of six months in respect of all instances when this sub-paragraph is applie d in the same case. (10) The provisions of sub-articl es (5) and (7) shall not apply if at the time the request for bail is made or within a week there after the indictment shall have been filed, or when a warrant of arre st against the person accused has been issued as provided in artic le 579, whether in the same or in a ny other cause still pending ag ainst him before any court of criminal justice. Court to state reasons. (11) In refusing to grant bail th e court shall state the reasons for such refusal in its decree refu sing bail which decree shall be served on the person accused. Bail in respect of scheduled offences. Added by: XVI.2006.15.