Cap. 9 Art. 402Suspension of term for inquiry,

(1) The terms referred to in the last preceding article, in article 407 and in article 432(3) shall be held in abeyance -

(a) if it is alleged or if there is reason to believe that the accused was insane at the time of the offence or that he is insane at the time of the inquiry;

(b) if the accused owing to illness or for any other cause, is unable to appear;

(c) if there has been any order for the examination of any witness or for any other process of the inquiry under article 399;

(d) when the court accedes to a request made in terms of article 46(3) of the Constitution.

(2) Such terms may also be held in abeyance -

(a) if any witness is so infirm as to be unable to give evidence even in his place of abode;

(b) if the accused cannot be found and there is reason to believe that he has absconded or left Malta.

(3) In the case referred to in sub-article (1)(a), the court shall appoint one or more experts to examine the accused and the facts relating to the alleged insanity.

(4) If from the report of the experts, it appears that the accused was insane at the time of the commission of the offence, the court shall order that the Attorney General shall be given access by electronic means to a scanned copy of the record of the inquiry within three (3) working days and shall make an order as provided in article 623.

(5) If, upon receipt of the scanned record by electronic means, the Attorney General decides to contest the finding of the experts that the accused was insane, he may, within the term prescribed in article 432(1), request that the inquiry into the merits of the case be proceeded with, or file an application before the Criminal Court submitting the issue to that court, so that action may be taken as provided in articles 620, 627 and 628: Provided that the Attorney General shall file such application if the accused by application to the court of criminal inquiry makes a request to that effect before access to the scanned record by electronic means is granted to the Attorney General in terms of the last preceding sub-article.

(6) If from the report of the experts, it appears that the accused was insane at the time of the inquiry, the court shall proceed with the inquiry into the merits of the charge.

(7) In the cases referred to in sub-articles (5) and (6), the inquiry may be continued in the absence of the accused, and if he is not assisted by an advocate or legal procurator, the provisions of article 519 shall apply.