ACT No. Lili of 1981 AN ACT further to amend the Criminal Code, Capo 12.
Table of Provisions (10)
Statutory Text (10 Articles)
I assent.
(L.S.)
ANTON BUTTIGIEG
President
6th November, 1981
ACT No. Lili of 1981
AN ACT further to amend the Criminal Code, Capo 12.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Representatives, in this present Par1iament
assembled, and by the authority of the same, as follows:-
(1) This Act may be cited as the Criminal Code (Amend
ment) Act, 198 I, and shalI be read and construed as one with the
Criminal Code, hereinafter referred to as "the principal law".
(2) This Act shall come in to force on such date as the
Minister responsible for lustice may by notice in the Gazette appoint.
For section 450 of the principal law there shaH be substituted
the following
450. ( l ) An official copy of the indictment and of the
"Service of
indictment
list referred to in subsection (2) of section 584 shalI be served
on
on the accused.
accu",ed.
(2) The accused shall, by means of a note to be
filed in the Registry of the Court not later than fifteen working
days from the date of such service -
(:i) give notice of any pleas referred to in section
461 and any plea regarding the admissibility of evidence
which he intends to raise, and
(ii)
indicate the witnesses and produce the docu
ments and other exhibits which he intends to use at the
trial,
and an official copy of such note shall be served on the
Attorney General.
(3) The Attorney General shall, by means of a
note filed in the Registry of the Court not later than five days
from the date of service of the notice filed by the accused,
give notice of any p1ea regarding the admissibility of evidence
which he intends to raise.
(4) On the expiration of the time referred to in
the preceding subsection the Court shall appoint a day for the
hearing of all the p1eas and shall on that day direct the Regis
trar to read out the indictment, and shall then proceed to
determine such pleas before the accused pleads to the general
issue of guilt)' or not guilty
Provided that the Court may ex officio or on the
application of the Attorney General or the accused request
that the proof intended to be established by the witnesses be
stated.
(5) If no p1eas have been raised as provided in
subsections (2) and (3) of this section, or after the determina
tion of such pleas, the Court shall appoint a day for the
hearing of the trial.
(6) The accused shall be served with a notice of
such date allowing a term of at least ten days to prepare his
defence. The Court may, on good cause being shown, and after
hearing the Attorney General, extend such term to any further
period as it may deem fit.
The accused may waive his right to such
(7)
term.".
Section 452 of the principal law shall be amended as follows
subsections ( l ) and (2) shall be de1eted;
(a)
(b) for subsection (3) thereof there shall be substituted the
following
"(3) The record of the inquiry, documents and
exhibits filed in the Registry of the Court by the Attorney
General or the accused shall be accessible to the Attorney
General and to the accused or his Advocate or Legal
Procura tor. ";
(c) in subsection (4) thereof for the words "of the said
documents; exhibits, and record" there shall be substituted the
words "of all the documents, exhibits, and record";
(d) in subsection (5) thereof, for the words "in the list or
filed as aforesaid" there shall be substituted the words "in the lists
or filed as provided in section 450,"; and
(e) in subsection (6) thereof, for the words "default of filing
within the said term" there shall be substituted the words "default
of filing within the term specified in section 450",
For subsection ( 1 ) of section 458 of the principal law there
shall be substituted the following
" ( 1 ) Any objection to the Judge shall be raised, and
the decision of the Court shall be given thereon, before the reading
out of the ind i c t m e n t whcn the aecused has been placed at the bar,
,
on the day appointed for the hearing of the preliminary pleas, Of,
if no sueh pleas have becn raised, on t he day appointed for the
trial. ".
For section 460 of the principal law there shall be substituted
the following
460. Where no pleas have been raised as provided in
"Reading
OLlt of the
section 450, the Court shall direct the Registrar to read out
indictment
the indictment.".
to the
accused.
For subsection (l) of section 461 of the principal law there shall
be substituted the following
"(1)
The following pleas, that is to say -
plea to the jurisdiction of the Court;
(a)
plea of nullity of or defect in the indictrnent
(b)
plea of extinguishrnent of action;
(c)
plea of "autrefois convict" or "autrefois acquit";
(d)
plea of insanity of the accused at the time of the tria1;
(e)
(f) plea relating to any other point of fact in consequence
of which the trial should not take place at the time, or at any
future tirne; and
(g) saving the provisions of subsection (l ) of section 458,
any other preliminary plea,
may on1y be raised if notice thereof has been given as provided in
subsection (2) of section 450
Provided that the Court may a u th o r i se such pleas to be raised
for a reason which arises after the time within which the note
referred to in subsection (2) of section 450 is to be filed in the
Registry of the Court.".
Section 466 of the principal taw shall be amended as foHows
(a) for subsection (l) thereof there shall be substituted the
following
"(1)
If the aecused pleads not guilty, sueh plea shall be
recorded. ";
subsection (2) thereof shall be deleted;
(b)
subseetion (3) thereof shall be deleted;
(e)
(d) in subsection (4) thereof, for the words "the Court shall"
there shall be substituted the words "the Court shall, if no pleas have
been raised as provided in seetion 450 or otherwise, after the deter
rnination of such pleas,"; and
(e) for subsection (5) thereof there shall be substituted the
foHowing
out of the indictment, whcn the aecused has been placed at the bar,
on the day appointed for the hearing of the preliminary pleas, Of,
if no sueh pleas have becn raised, on the day appointed for the
trial. ".
5. For section 460 of the principal law there shall be substituted
the following
460. Where no pleas have been raised as provided in
"Reading
OLlt of the
section 450, the Court shall direct the Registrar to read out
indictment
the indictment.".
to the
a.ccused.
6. For subsection (l) of section 461 of the principal law there shall
be substituted the follo'.'i'ing
"(1)
The following pleas, that is to say -
plea to the jurisdiction of the Court;
(a)
plea of nullity of or defect in the indictrnent
(b)
plea of extinguishrnent of action;
(c)
plea of "autrefois convict" or "autrefois acquit";
(d)
plea of insanity of the accused at the time of the tria!;
(e)
(f) plea relating to any other point of fact in consequence
of which the trial should not take place at the time, or at any
future tirne; and
saving the provisions of subsection ( l ) of section 458,
(g)
any other preliminary plea,
may on1y be raised if notice thereof has been given as provided in
subsection (2) of section 450
Provided that the Court may authorise such pleas to be raised
for a reason which arises after the time within which the note
referred to in subsection (2) of section 450 is to be filed in the
Registry of the Court.".
7. Section 466 of the principal taw shall be amended as foHows
(a) for subsection (l) thereof there shall be substituted the
following
"(1)
If the accused pleads not guilty, such plea shall be
recorded. ";
subsection (2) thereof shall be deleted;
(b)
subsection (3) thereof shall be deleted;
(c)
(d) in subsection (4) thereof, for the words "the Court shall"
there shall be substituted the words "the Court shall, if no pleas have
been raised as provided in section 450 or otherwise, after the deter
rnination of such pleas,"; and
(e) for subsection (5) thereof there shall be substituted the
foHowing
"(5) On the day fixed for the trial the Court
shall
impanel the jury and shall then proceed with the tria}".
Arnendment
In subsection ( l) of section 508B of the principal law for the
of section 508B
words "decision given at the stage referred to in subsection (1) of section
of the pdncipal
466 on the plea of the admissibility of evidence therein mentioned" there
law.
shall be substituted the words "decision regarding the admissibi1ity of
evidence." .
Section 584 of the principal law shall be amended as follows
Amendment
of &ectioD 584
(a)
the present provision shall be renumbered as subsection
of the principal
( l ); and
)aw.
(b) immediately after subsection (I) as renumbered there shall
be added the following new subsection
"(2) With the indictment the Attomey General shall
also fiJe the record of the inquiry together with a list of the
witnesses, documents and other exhibits which he intends to
produce at the trial.".
Passed by the House of Representatives at Sitting No. 549 of the 4th November,
1981. CALClDON AGIUS
Speaker
c. MIFSUD
Clerk to the House of Representatżves
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