Cap. 518 Art. 18Applications and grounds for notification orders.

(1) The Commissioner of Police may apply to the Court of

Magistrates for an order under this article (a "notification order") in respect of a person ("the defendant") if -

(a) it appears to him that the three conditions referred to in sub-articles (2), (3) and (4) are met with respect to the defendant, and

(b) the defendant resides in Malta or the Commissioner of Police believes that the defendant is in, or is intending to come to, Malta.

(2) The first condition is that under the law in force in a country outside Malta:

(a) the defendant has been convicted of a relevant offence, whether or not he has been punished for it,

(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the defendant is not guilty by reason of insanity,

(c) such a court has made, in respect of a relevant offence, a finding equivalent to a finding that the defendant is under a disability and committed the act charged against him in respect of the offence, or

(d) the defendant has been cautioned in respect of a relevant offence.

(3) The second condition is that:

(a) the first condition is met because of a conviction, finding or caution which occurred on or after the date of the coming into force of this Act;

(b) the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it; or

(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or

(4) The third condition is that the period set out in article 8, as modified by article 19(2) and (3), in respect of the relevant offence has not expired.

(5) If on the application it is proved that the conditions referred to in sub-articles (2) to (4) are met, the court shall make a notification order.

(6) In this article and in article 19, "relevant offence" has the meaning given by article 20.