Cap. 276 Art. 20Powers of Court of Criminal Appeal and of Constitutional Court.

On an appeal made to the Court of Criminal Appeal or on an application for redress to the Constitutional Court under article

46 of the Constitution of Malta, either of the said courts may, without prejudice to any other jurisdiction, order the person committed to be discharged from custody if it appears to such court that -

(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(c) because the accusation against him is not made in good faith in the interest of justice, it would, having regard to all the circumstances, be unjust or oppressive to return him. *