Cap. 9 Art. 436Constitution of Criminal Court.

(1) The Criminal Court shall consist of one of the judges sitting with a jury for the trial of every offence which may be prosecuted according to law in Malta saving the provisions of article 370.

(2) The jury shall decide on any matter touching the issue as to whether the accused is guilty or not guilty and on any collateral issue referred to in Title VII of Part II of Book Second of this Code; and the court shall decide on the application of the law to the fact as declared by the jury, as well as on all other points of law or of fact relative to the proceedings.

(3) It shall also appertain to the court -

(a) to maintain good order during the sitting;

(b) to conduct the hearing;

(c) to do, in matters which are not prohibited or prescribed by law under pain of nullity, whatever it may, in its discretion, deem necessary for the discovery of the truth.

(4) The court shall also be competent to try and determine offences which, although of an inferior jurisdiction, are brought before the court either because they are connected with a graver offence preferred in the indictment or because they are committed by the same person indicted for such graver offence.

(5) The court shall also be competent generally to try and determine any offence of an inferior jurisdiction and to apply the measures referred to in articles 377, 378, 383, 384 and 385 if, upon trial, the accused is convicted of any minor offence whether preferred or comprised or involved in the indictment, or if such measures become necessary.

(6) Notwithstanding any other provision of this Code and subject to the provisions of the following sub-articles of this article, the accused may, not later than ten days after the date of service of the notice referred to in article 438(6) or of the order referred to in article 620(4), file a note in the registry of the court opting that a jury be not impanelled for the trial or for the decision of any collateral issue under Title VII of Part II of Book Second of this Code, and an official copy of such note shall be served on the Attorney General: Provided that this sub-article shall not apply for the trial of the offence where the punishment demanded in the indictment is of imprisonment for life other than an offence against the Medical and

Kindred Professions Ordinance or the Dangerous Drugs Ordinance.

(7) The provisions of sub-article (6) shall not apply to the accused who has made the objection mentioned in article 370(3)(d).

(8) Where charges against two or more persons are joined in the same indictment and not all the accused have filed the note referred to in sub-article (6), the trial of the accused who has opted that a jury be not impanelled for his trial shall take place after that the trial of the cause of the other accused who has not filed such note has become res judicata.

(9) Where the option is exercised as provided in sub-article (6) the court shall consist of one of the judges sitting without a jury, and the provisions of this Title and of Sub-title I of Title II and of