Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 575ABail in respect of scheduled offences.
Title III of Part II of Book First of this Code, if such
(1) Saving the provisions of article 574A(6) but notwithstanding any other provision of this Code or of any other law, where the Court of Magistrates at any time orders the temporary release from custody of a person who -
(a) is charged with a scheduled offence and with being a recidivist in terms of articles 50 and 51; and
(b) has been previously found guilty of a scheduled offence by means of a judgment which has become res judicata, the order of the Court shall be given in open court on a date previously notified to the prosecution and the person charged and shall be served on the Attorney General by not later than the next working day.
(2) The Attorney General may, not later than the next working day following the date of service of the order of the Court of Magistrates, apply to the Criminal Court for the revocation or amendment of the order and the Criminal Court shall appoint the application for hearing not later than two working days from the filing of the application. The Criminal Court shall give its decision on the application with urgency.
(3) The execution of the order of the Court of Magistrates ordering the temporary release of the person charged shall be suspended during the period allowed to the Attorney General to apply to the Criminal Court under this article and, following such application, until the Criminal Court gives its decision thereon.
(4) The provisions of article 575(1) shall apply also in the case of a person charged with a scheduled offence.
(5) For the purposes of this article "scheduled offence" means any offence listed in the Schedule D.
Historique des modifications
- Amended by XVI.2006.15