Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 9

Official PDF on legislation.mt

9. (1) The punishment of solitary confinement is carried into effect by keeping the person sentenced to imprisonment, during one or more terms in the course of any such punishment, continuousl y shut up in the appointed place within the prison, without permi tting any other person, not employed on duty nor specially authorized by the Minister respons ible for the prisons , to have access to him . Duration of each term of solitary confinement. (2) No term of solitary co nfinement shall exceed ten continuous days. Rules to be observed. (3) More terms of solitary confinement may only be applied with an interval of two months b etween one term and another. (4) Nevertheless, solitary confi nement may be applied during those intervals in case of any infringement of the prison regulations, or for any other offence committed during the said intervals, provided that the terms be of short duration and tha t they shall not together exceed fift een days in any one interval. (5) Where the law prescribes the punishment of solitary confinement and does not specify the particular n umber of terms , it shall not be lawful to inflict m ore than twelve terms of solita ry confinement. (6) The punishment of solitary confinement is applied in the cases prescribed by law. (7) Before awarding the punishm ent of solitary confinement the court shall satisfy itself, if necessary by medical evidenc e, which may include a medical examination of the person convicted , that the person convicted is f it to undergo the said punishment . (8) Where, in the course of the execution of the punishment of CRIMINAL CODE [CAP. 9. 13 solitary confinement, the medical officer of the prison certifi es in writing that the prisoner is no longer fit to undergo such punishment, the execution of that punishment shall be suspended until such time as the prisoner is again certified to be medica lly fit to undergo such punishment. Interdiction. Amended by: XI.1900.3; VIII.1909.1; VI.1947.3.

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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.