Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 575A

Official PDF on legislation.mt

575A. (1) Saving the provisions of article 574A(6) but notwithstanding any other provision of this Code or of any othe r law, where the Court of Magistrates at any time orders the temporary releas e from custody of a person who - (a) is charged with a scheduled offence and with being a recidivist in terms of articles 50 and 51; and (b) has been previously found guilty of a scheduled offence by means of a judgment which has become res judicata , the order of the Court shall be given in open court on a date previously notified to the prosecution and the person charged a nd shall be served on the Attorney General by not later than the n ext working day. (2) The Attorney General may, not later than the next working 372 CAP . 9.] CRIMINAL CODE day following the date of service of the order of the Court of Magistrates, apply to the Criminal Court for the revocation or amendment of the order and the C riminal Court shall appoint the application for hearing not later than two working days from th e filing of the application. The Criminal Court shall give its de cision on the application with urgency. (3) The execution of the order of the Court of Magistrates ordering the temporary release of the person charged shall be suspended during the period allowed to the Attorney General to apply to the Criminal Court under this article and, following s uch application, until the Criminal Court gives its decision thereo n. (4) The provisions of article 575 (1) shall apply also in the cas e of a person charged wi th a scheduled offence. (5) For the purposes of this ar ticle "scheduled offence" means any offence listed in the Schedule D. Amount of security. Amended by: IV .1897.2.

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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.