Cap. 9 Art. 433Power of Attorney General to dischargeperson accused,

(1) If the Attorney General is of opinion that there are not sufficient grounds for the filing of an indictment against the accused, he may, within the terms prescribed in the last preceding article, by warrant under his signature, order the discharge of the accused, filing a declaration to that effect in the Criminal Court.

(2) The Attorney General may also withdraw an indictment already filed, by making in court a declaration to that effect.

(3) Finally, the Attorney General may, within one month from the day on which he is granted access by electronic means to the record of the inquiry, apply to the Criminal Court for the issue of a warrant for the arrest of any person discharged by the Court of Magistrates. The provisions of sub-articles (3A) and (3B) shall apply to an application made under this sub-article.

(3A) The application shall be appointed for hearing and shall be served on the person discharged together with a notice of the date of the hearing.

(3B) Where the Criminal Court is of the opinion that there are sufficient grounds for an indictment to be filed against the person discharged it shall forthwith issue a warrant for the arrest of that person; and in such case the term for filing the indictment shall commence to run from the day of the arrest.

(3C) Where the person discharged fails to make an appearance at the hearing without good cause the Court shall order his arrest in order to appear for the hearing of the application.

(4) In all cases referred to in the preceding sub-articles of this article, the Attorney General shall make a report to the President of Malta stating the reasons for his action.

(5) Nevertheless, if, on account of the absence of circumstances constituting an offence within the jurisdiction of the

Criminal Court, the Attorney General decides not to file an indictment against the accused, but is of opinion that from the inquiry there might result an offence within the jurisdiction of the

Court of Magistrates, he shall not discharge the accused, but shall file a demand to the Court of Magistrates, and that court shall decide upon the charge of such offence, independently of all other circumstances.

(6) Before convicting or acquitting the accused or before giving any other direction within its jurisdiction as court of criminal judicature, the court shall have power, on the charge of such offence, to hear further evidence whether against or on behalf of the accused.

*See transitory provision in article 5 of Act VI of 2007 as regards the amendments to this article.