Cap. 9 Art. 370Offences cognizable by the Court of Magistrates as courtofcriminal judicature.

(1) The Court of Magistrates shall be competent to try-

(a) all contraventions referred to in this Code;

(b) all crimes referred to in this Code which are liable to the punishments established for contraventions, to a fine (multa) or to imprisonment for a term not exceeding two years with or without the addition of a fine (multa) or interdiction;

(c) all offences referred to in any other law which are liable to the punishments established in the preceding paragraph, unless the law provides otherwise.

(2) The offences referred to in sub-article (1) shall still be cognizable by the said court notwithstanding that, in view of concurrent offences and punishments, of any previous conviction or of the application of the provisions of article 18, a punishment higher than any of the punishments mentioned in the said sub-

article shall be applicable.

(3) (a) Notwithstanding the provisions of sub-article (1)(b), the Attorney General may send for trial by the said court any person charged with a crime punishable with imprisonment for a term exceeding two years but not exceeding twelve years if there is no objection on the part of such person.

(b) On the demand of the Attorney General to the court to try such crime, the court shall ask the accused whether he objects to his case being dealt with summarily; the court shall, in its discretion, give a reasonable time to the accused to reply to this question.

(c) If, within the said time, the accused replies that there is no objection on his part to the case being tried summarily, the court shall note the reply in the records of the proceedings and thereupon the court shall become competent to try the accused and shall proceed to give judgment forthwith, as provided in article 377.

(d) If the accused objects to the case being dealt with summarily, the court shall order that the record of the case be transmitted to the Attorney General, by electronic means, within the term determined in article 401(3), for the case to be dealt with according to law. In such case the term referred to in article 432 for the filing of the indictment shall run from the day on which the Attorney General shall be granted access by electronic means to the record of the case.

(e) Where the number of the accused sent for trial by the Court of Magistrates under the provisions of paragraph (a) is two or more, the provisions of the last foregoing paragraph shall apply only in respect of any one or more of the accused who makes objection to the case being dealt with summarily, and in such case the term fixed in article 432 for the filing of the indictment shall run from the day on which the Attorney General shall have received the record of the case after the decision in each of the cases dealt with summarily shall have become res judicata.

(f) Before asking the accused whether he objects to his case being dealt with summarily, as provided in paragraph (b), the court shall hear such further evidence as may be indicated by the Attorney General in the same note by which he sends the person charged for trial by the said court in accordance with paragraph (a).

(4) (a) Notwithstanding the provisions of sub-article (1)(b), if the crime with which the accused is charged is punishable with imprisonment for a term exceeding two years but not exceeding six years, the court shall, during the examination of the accused under article 392 but before he is examined under sub-article (1)(b) of that article, ask the accused whether he objects to his case being dealt with summarily; and shall give him a reasonable time to reply to this question.

(b) If, within the said time, the accused replies that there is no objection on his part to the case being dealt with summarily, the court shall ask the prosecuting officer whether the Attorney General has given his consent in writing to the case being dealt with summarily, and if no objection is raised, the court shall note this fact in the records of the proceedings and thereupon the court shall become competent to try the accused and shall proceed accordingly: Provided that nothing in this sub-article shall be construed as precluding the court from proceeding with the necessary inquiry if from the evidence it appears that a graver crime which it has no jurisdiction to try has been committed.

(4A) Notwithstanding the transitory provision made in article 1(2) of the Criminal Code (Amendment) Act, 2015 (Act VIII of 2015), and without prejudice to the other provisions of this article, the Court of Magistrates shall be competent to hear and decide all cases concerning crimes punishable with imprisonment not exceeding twelve years which were pending before the said Court prior to the 17th March 2015.

(5) The provisions of sub-article (2) shall apply, mutatis to the crimes referred to in sub-articles (3) and (4). mutandis,

(6) The provisions of article 392A shall also apply, mutatis mutandis, to offences which fall within the competence of the Court of Magistrates as a court of criminal judicature in accordance with the provisions of this article.