Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 28CCompetentcourt for dealing with suspended sentence.
Sub-title II
(1) An offender may be dealt with in respect of a suspended sentence by the Court of Criminal Appeal, by the
Criminal Court or, where the sentence was passed by the Court of
Magistrates, by such court.
(2) Where an offender is convicted by the Court of Magistrates of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Criminal Court, that court shall commit the offender in custody or on bail before the Criminal Court for the purpose of being dealt with in respect of the suspended sentence: Provided that where the Court of Magistrates is of the opinion that the appropriate punishment for the further offence is imprisonment, the provisions of article 28E(3) shall apply.
(3) For the purposes of this article and of articles 28D and 28E -
(a) a suspended sentence passed on an offender on appeal shall be deemed to have been passed by the court from which the appeal was made;
(b) the Juvenile Court shall be deemed to be a Court of Magistrates (Malta) or a Court of Magistrates (Gozo), as the case may be.
Änderungsgeschichte
- Amended by III.2002.11