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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 412AConditions on person charged oraccusednotin custody.

Sub-title II

In forceOfficial text

(1) When the person charged or accused brought before the Court of Magistrates, whether as a court of criminal judicature or as a court of criminal inquiry, is not in custody the Attorney

General or the Police may thereupon or at any stage of the proceedings thereafter request the court to impose conditions upon the person charged or accused in order to ensure the appearance of that person at the proceedings on the appointed time and place or to otherwise ensure that that person will not in any way unlawfully interfere in the correct administration of justice in those proceedings:

Provided that regulations made by the Minister responsible for justice in accordance with the proviso to article 574(1) shall apply in respect of the enforcement of the conditions imposed by the court under this sub-article, also including insofar as they may provide for the use of electronic or other systems for the management of bail.

(2) The court may require the giving of sufficient security by the person charged or accused by the mere recognizance of the same person charged or accused in order to ensure that he abides by the conditions imposed upon him by the court and the provisions of articles 576 and 584, shall apply to the security given under this sub-article.

(3) The sum given by way of security shall be forfeited to the Government of Malta and a warrant of arrest shall be issued against the person charged or accused where that person fails to observe any of the conditions imposed by the court in pursuance of the provisions of this article and in any of the other circumstances mentioned in article 579 provided that the Court may decide not to apply the provisions of this sub-article or not to apply them to their full extent where the court considers that the infringement of the condition imposed by the court is not of serious consequence.

Amendment history
  • Amended by V.2025.2