Cap. 537 чл. 5Second offence with a period of two years. Cap. 291. Non-appearance before the Board. Cap. 291.

(1) In the case of a second or subsequent conviction for possession of a prohibited drug for personal use within a period of two years from the date of the first conviction the offender shall also be tried before a Commissioner for Justice appointed in terms of the Commissioners for Justice Act and shall be liable to the same penalties and be subject to the same procedures as provided in article 4: Provided that upon a conviction for the second or subsequent offence of a person habitually resident in Malta the Commissioner for Justice shall order the person convicted to appear before the Drug Offenders Rehabilitation Board established under article 6.

(2) Notwithstanding the provisions of sub-article (1), in the case of a second or subsequent conviction as referred to in sub-article (1), where the prohibited drug involved in the offence is cannabis or cannabis resin the Commissioner for Justice shall only refer the convicted person to the Drug Offenders Rehabilitation Board if, after considering the circumstances of the offence and of the offender, he is satisfied that there are reasonable grounds to believe that the circumstances of the convicted person give rise to a probability that he is abusing or is likely to abuse prohibited drugs other than cannabis or cannabis resin.

(3) The Commissioner for Justice shall in all cases make an order for appearance before the Drug Offenders Rehabilitation Board in the case of any person who is charged with a second or subsequent offence in terms of sub-articles (1) or (2) and who either opts to pay the penalty without proceedings in terms of the Commissioners for Justice Act or fails to appear before the

Commissioner when duly summoned.

(4) Where a person is referred to the Drug Offenders Rehabilitation Board in terms of sub-articles (1), (2) or (3), the said Board shall summon the said person to appear before it and shall, after conducting such examinations on the said person as are proportionate and as it considers necessary, and if it finds that the said person has a drug dependence problem which merits treatment, the said Board shall issue such orders to that person as appear to the Board to be necessary for the purpose of assisting that person to come out of his drug dependence.

(5) Any person who after being referred to the Drug Offenders Rehabilitation Board fails, without reasonable justification, to appear before the Board on any occasion when he is to so appear, or who fails without reasonable justification to comply with an order issued to him by the Board shall be guilty of an offence against this Act and shall be liable on conviction by the Court of Magistrates to a fine (multa) of between one hundred euro (€100) and five hundred euro (€500) or to imprisonment for a period of three months or to both such fine and imprisonment.