ACT No. VIII of 1986 AN ACT funher 10 amend Ihe Dangerous Drugs Ordimmce, Cap. 161.

I asscnt.

(L.S.j

A OATlIA BARBARA

PrelJident

21s\ Mar<:h. 1986

ACT No. VIII of 1986

AN ACT funher 10 amend Ihe Dangerous Drugs Ordimmce, Cap. 161.

IJE IT ENACTED by the President. by and with the advice and

consent of the Hou<;e of Representatives. in this present Parliamen t

as,cmbJed, and by the authority of the same. as follows:-

I. This Act may be cited as the Dangerous Drugs (Amendmen t) SOOfttitk.

Act. 1986. and shall be read and constr ued as unc with the Dangerous

Drugs Ordinance. hcreinaflt:r referred to as "lhe principal law" ,

A .... od .... ", of

Section 22 of (he princip .. llaw shall be amended as follows

"" «",""l~f'h<

(a)

in subsection (I) thereof-

pn"';I"I I •• ,

for the words "against this Ordinance:' in para·

(i )

graph (d) thereof there shall be substit uted the words "against

this Or<linancc; or""; and

(i i) for the words "shall be guilty of an offence against

this Ordinance. " there shall be substituted the following

"(e) being a citizen of Malta or a permanent resi -

dent in Malta, who in any place outside these Islands does

any act which if commiued in these Islands would oon-

stitute an offence of selling or dealing in a drug against this

Ordinance or an offence under paragraph (0 of this sub-

section : or

(f)

who with anOther one or more person, in these

Is lands or o utside thcse Islands conspircs for thc purpos.es

of selling or dealing in a drug in these blands against the

provisions of this Ordinance or who prOmOlCS. consti-

tutes. organises or finances the conspiracy,

shall be gui lty of an offence a)!ainstthis Ord inance.

For the purposes of pamgraph (c) of this subsection the

expression "pcnnancn! resident" means a person in favour of

whom a permit of residen<:e has been i55ued in acoordance with the

provisions contained in section 7 of the Immigration Act , 1970.

( lA) The conspiracy referred to in paragraph (f) of the pre-

ceding sub-section shall subsist from the moment il] which any

mode of action whatsoever is planned or agreed upon between such

persons.

(I S) For the purposes of this Ordinance the word "dea ling"

includes importahon . manufacture. exportation and distribu-

(b)

in subsection (2) thereuf -

(i) for paragnlph (a) thereo f there shall be substituted

the fonowing

"(a)

on conviction by the Criminal Court-

(i) where the offence consists in scIJingor dealing in

a drug contrary to the provisions of this Ordinance, or in

promoting, consti tuting , o rganising o r financing a con-

spiracy under paragraph (0 of subsection ( I ) of this 5«-

tion , to imprisonment for a tenn of not less than four years

but not e~ceeding twemy years and toa fine (mu/ra)of not

less than onc thousand Maltese liri but not e~cccding fifty

thousand Mal tese liri; and

Oi) for any other offence to imprisonment for a

tenn of not less than twelve months h ut not exceeding ten

years and to a fine (mu/Ill) of not less than two hundred

Maltese liri. but no t e~ceeding ten thousand Malts.e liri;

or";

(ii) for su b-paragraphs (i) and (ii) of paragraph (b)

thereof there shall be substituted the following

"(b)

on conviction by the Court of Magistrate, -

(i) in the case of a conviction for an offe nce under

paragraph (b). (c) or (e) ofscction 8. or a conviction for an

offence consisting in selling or dealing in any other drug

contrary to the provisions of this Ordinance . or a convic-

tion for an offence of promoting. constitu ting. organising

or financing of a conspiracy under paragraph (0 of sub-

section (I) of this section. to imprisonment for a tenn of

not less than si~ months but not e~cceding five years and

to a fine (mUlla) of not less than two hundred Maltese lin

but not exceeding two thousand Maltese lin: and

(ii) for any other offence. in the case of a convic-

tion. to a fine (mulla) of not less than two hundred Mal -

tese liri but not exceed ing one thousand Maltese liri or to

im prisonment for a tenn of not less than three months hut

not e~ceeding twelve months. or to both such fine and

imprisonment. --

(c) immediately after subsection (3) thereof there shall be

added the following new subsection

" (3A) Where an offence against this Ordinance in

respect of which a person has been found guilty consists ill or

refers to the selling or dealing in a drug. or consists in the

promotion. constitution. organisation or financing o f a oon-

spiracy under paragraph (I) of subsection (I) of thi5 section,

the Court shall, al th e request of the prosecution. in addition to

any other punishment -

(3) where any immovable property has been used

fo r the keeping or storing, or for the se lling or dealing in

such drug. as described in the bill of indictment or in the

charge. order the forfeiture in favour of the Government

of any real tit le which the o ffender holds on such immov-

able property

(b) where the offender is not the abso lute owner

but holds any other reallitle on the immovable property .

or has a title. other than a real title. in virtue of which he

has the control of or a right of access to such property. the

Court shall order the offender to pay 3 fine (multo) of not

less than five thousand Maltese liri but not exceedi ng

thirly thousand Maltese tiri as the Coun shall determi ne

afler taking into account the value of the immovable

pr:>perty and the value of the real titl e thereon, if any .

forfeited as aforesaid

(c) Sllving the provisions of the Criminal Code and

of the Customs Ordinance. make an order whereby the

prov isions of paragraphs (a) and (b) of this subsection

shall be applied mutaTis mutandis to or in respect of any

vessel or vehicle used for the keeping or storing. or for the

selling or dealing in such drug : and

(d) order the forfeiture in favo ur of the Govern-

ment of all moneys or other movable property, and of the

entire immovable property of the person so found guilty

even if the immovable property has since the offender was

charged passed into the hands of third parties. "; and

(d) in subsection (7) the reof for the words "mentioned in

su bsection (Jl'" there shall be suhstitut!.'d the words --men tioned in

suhst.·ctions (3) ;!IId (3A I"

Immediatel y aft!.'T se<:tion 22 of the prineipallaw there shall be Add""'" 01

addl'd the following new sections

(I) Where a person is charged under section n

""""'''l'of of this Ordinance. wit h selling or dealing in a drug. or with

promoting. constituti ng. orga nising or financing a conspir·

ancy under paragraph (0 of subsect ion (1) ort hat section . the

Coun.hall at the request ofthe prosecution make an order-

(3) attaching in the hands of third pm1ies in general

all moneys and olher movable property due or pertaining

or belonging to the attused. and

(b) prohibiting the accused from transferring or

otherwise disposing of any movable or immovable pro-

perty

Provided Ihal the Court shall in such an orderdctcr-

mine what moneys may be paid to or received by the accused

during the subsistence of such order. specifying the sources.

manner and o ther modalities of payment. including salary,

wages, pension alld social security benefits payable 10 the

accused. to allow him and hi s family a decent living in the

amount. where th e means permit. nfsix t housand Maltese liri

every year

Provided further that the Court may also-

(a) authorise the payment of debt, which areduc by

the accused to bOfUl fide creditors and which were con-

tracted before such order was made, and

(b) on good ground authorise the accused to trans-

fer movable or immovable property.

(2 ) Such order shall-

(3) become operative and binding on all thi rd par-

ties immediately it is madc, and the Registrar of the Court

shall cause a notice thereof to be published without delay

in the Gazette, and shall also cause a copy thereof to be

registered in the Pu blic Registry in respect of immovable

property, alld

(b) remain in force until the final detenn ination of

the proceedings, and in the case of a conviction ulltil the

sentence has been execu ted.

(3) The Court may for particular circumstances

vary such order. and the provisions of the foregoing subsec-

tions shall apply to such order as so vari ed.

(4) Every such order shall contain the name and

surname of the accused. his profession, trade or other status,

fath er's name, mother's name and maiden surname, place of

birth and place of residence and his Identity Card number.

(5) Where any money is or becomes due to the

accused from any person wh ile such order is in force such

money shall, unless otherv.ise directed in that orde r, be

deposited in a bank to the credit of the accused.

(6) Wh en such order ceases to be in force as pro-

vided in paragraph (b) of subsection (2) of this sc.;tion the

Reg istrar of the Court shall cause a notice to that effect to be

publ ished in the Gazette. and shall enter in the Public

Registry a note of cancellation of the registration of that

order.

Any person who acts in contravention of a court

oontr:o,..,ning ordc r mentioned in section 22A of this Ordinance sha U be

C"""or<l<,_ S"ilty of an offence and shall on conviction be liable to a fine

(ammenda) not e xceeding five hundred Maltese liTi, and the

Court may order the person 50 fou nd guilty \0 deposit in a

bank to the credit ofthe 3C(:used the amount of moneys or the

value of olher movable property paid or delivered in contra-

vention o f that court order.

S""d.ICoon

(\) Where an order of forfeiture is made under

prococ:dinp. paragraph (d) of sub5ection (3A) of section 22 of this Ordi-

nance. the person found gui lty , or the third party therein

mentioned, may bri ng an action fO T a dedaration th at any or

all of the movable or immovable property so forfeited is not

p rofits or proceeds from the commission of the offence nor

property aCQuired or obtained. directly or indirectly, by or

through any such profits or proceeds.

(2) Such action shall be brought not later than

three months from the dale o n which the sentence orde ring

the forfeiture shall have become dcfin ite. by an application in

the Civil Court. First Hall.

(3) The applicant shall attach to the application

all such documents in support of his claim as it may be in his

power to produce and shall indicate in his applicatio n Ihe

names of all Ihe witnlosSl's he Inlends 10 prOOuce. stating in

respect of each the proof which he intends to make .

(4) The Court shall. without delay, set down th e

application for hearing at an early dale. which dale shall in no

case be later than thirty days from the date of the filing of the

application.

(5) The application and the nOlice of the date

fixed for hearin!! shaU ]x; selV~<l on lr.~ CVIllIl,;" ioner vf

Police without delay. and the said Commissioner shall file his

reply I here to within fifteen da)'s after the date of the service of

the application.

(6) The Court shall hear the application to a

co nclus ion within twen ly working days from the date fixed for

the original hearing of the application. and no adjournment

shall be granted e xcept either with the consent of both parties

or for an exceptional reason to be reco rded by the Court. and

such adjourned date shall not be later than that justified by

any s uch reason.

(7) Saving the preceding provisions of this

section. the provisions of the Code of Organization and Civi l

Procedure relating to proceedings before Ihe Civil Court,

First Hall , sh~1l ~pply in relation to any such application.

(8) Any judgement revoking the forfeiture of

immovable property shall be deemed to transfer the title of

such prope rty back from the Government to the party in

favour of whom it is given, and such party may obtain the

registration ofsuch transfer in the Public Registry.

When the Court a llows the demand for a deda-

RCV<T>K:> oof

prupcny ration as provided in su ~ion (1) o f section ne in res""ct

"-

t>doricilcd. of any propeny forfeited. sud!. prope n y shall cease 10 be

fo rfeited and shall revert to the applicant in virtue of the

judgment upon its becoming definite. and the applicant shall

thereupon be en titled to the recovery of the income received

by the Government from such property during the period of

its forfeiture.

n.

4. Imm ediate ly after section 22D of the principal law there shall

be added the following IICW section

(I) AI the commencement of proceedings under

"0." ",<1","

~t~~d~"' i ~section 22 of this Ordinance, the drug in respect of which a

~ ' procb. person is charged shall be exhibited materiall y in Court. as far

as possible, and the following procedure shall be followed.

(2) Th e Coun shall appoint a photographic

expert to take pictures. as shall be indicated by the Court. of

the drug in its containers ..... rappings . packages or receptacles.

and shall also appoint an expert to analy~ and establish the

e~act quanti ty. kind and form and give the most accu ra te

description o f the drug. and to take samples thereof for pre-

servation as evidence.

(3) The experts sha ll. as early as possible, file in

Court and confirm on oath a WTillen report of their findings.

toget her with the photographs and samples aforementioned.

(4) The Court. upon being satisfied with such

report or repons shall proceed to have the drug. othe r than

the samples. destroyed under its supervision and draw up a

prods-verbal.

(5) The proces·.-erbal shall be deemed to have

been regularly drawn up if it contains a short description of

the d rug. the experts' report or reports are allached thereto

and it is signed by the Court.

(6) The prods-verbal drawn up as aforesaid

shall be evidence of its contents in any criminal proceedings ....

5. Immediately after section 26 of the principal law there sh all be

added the following new sections

Notwithstanding the provisions of the Criminal

"0. .. " ';"0

Code, and saving the extensions by the President of the tenn

of the inquiry as provided in subsect io n (1 ) ofil«tion 413 of

that Code. where the Attorney General has directed that a

person charged with selling or dea ling in a d rug against this

Ordinance or charged with promoting. constituting. organis-

ing or financ ing a conspiracy under paragraph (t) o f subsec-

tion (I) of section 22 is to be tried in the Criminal Court, such

person shall be armigned under arrest and th e Courtof Judic-

ial Police as a Court o f Criminal Inq uiry shall conclude the

inquiry within the lenn of twenty days from the arraignment.

and unt il the e xpiration of th"t tenn or. if the inquiry is

concluded at an earlier date. until such day. the perwn "c-

eused sh all not be granted temporary release from custody.

but at the cnd of those twenty days or such earlier date as

aforesaid. the Court may grant temporary release from cus-

tody in accordance with the provisions of that Code.

(I) On a conviction for an offence against this

I''''''''';'' Y

Ordinance. the pecuniary penalty shall. at the request of the

,w> .. ",bIe

prosecution. be deemed 10 be a civil debt and shall be declared

by the competent Court in passing judgment "s being soowed

and payable to Governme nt and sha ll be e ~ecutable in the

same cour! pronouncing judgment in the same manne r as if it

had been given in a civil aL1ion duly instituted between the

Government and the person convicted.

(2) Where however the prosecution informs the

eompetcnt Co urt that the pecuni"ry penalty has not been

rCCO\'e red by Ihe G overnment as provided for in the preced·

ing sub>cction. such penalty or any part thereof not re-

covered. shall be treated as a fi llc (nmlla or ummenda) as

inflictcd by the Court and shall be converted into impriwn·

ment. without the benefi t of time for p"ymem. in accordance

wilh the provisions of thc Criminal Code .

Where in respect of a person found guilty of an

]),,,,;nu,,,,,,

offence

against thi s Ordinance. the prosecution decl"res in

pu"',ltmcn' .

the TC(.'Ordsoflhe proceedings that such person has helped the

Police to apprehend Ihe person or persons who supplied him

wilh Ihe drug . or the person found guilty as aforesaid proves

to the satisfaction of the Court Ihat he hali so helped the Police.

the punishment shall be diminished. as regards impr;,onment

by onc or two degrees. and as regards any pe<:uniary penalty

by onc-third or onc-ha lf.

Notwith,tanding the provisions of subsection (3) of

hido"""bJ'

""rompli"" section 635 of the Criminal Code where a person has pu r-

eh~sed or o th erwise ohtained or acquired a drug contrary 10

the provisions of this Ord inance. the cvidence of such person

in proceedings against the person from whom he shall ha>'e

purchased. obtained or ~cquired the drug. sha ll not require to

be corraborated by other ci rcumstanees.

Dire",ionfor

Notwilh standing th"t the Altorney General has

g::r?~t· directcd in accordance with the provisions of subseetion (2) of

sect ion 22 of this Ordinance. that a person be tried in the

Criminal Court. he may. at any time before the filing of the

01 l bill of indictmclII. direct that that ""NOO

be tried before the

,,~

Jodie.,",", Coun of Magistrates of Judicial Police. and upon such direc-

tion the Court of Magistrates of Judieial Po!i~"C as a Court of

Criminal J udicature shall become competent to try that per-

son as if no previousdirecrion had been given,

Nothwithstanding the provisions of section 382 o f

00.0«'

oogni<able the Crimin~1 Code and without prejudice to the prO\'i~ions of

~iJ~~;;~nsection 31 of this Ordinance. Ihe Court of Magistrates of

1'<>1"'00.. Judicial Police shall be competent to try all offences against

this O rd inance as directed by the AtlomeyGeneral in accord-

(;",,,,uf

Cri",;."1

Jo<!ioa'Uf<. anee with the provision, of subsection (2) of section 22 of Ihis

Ordinance." .

6. Immediately after section 32 of the principal!aw Ihere shall be

added the following new section

Notwithstanding the provisions of the Criminal

Code. llle Anorney General shall always have a right of

appeal 10 the Court of Criminal Appeal from any judgement

given by the Court of Magistrates of J udici al Police in respect

01 cnmmal proceedings arising out of the provision s of this

Ordinance:'.

7. (I) The provisions of section 30 of the principal law shall

apply 10 any proceedings which on the day of the coming into force of

this Act arc pending before any Court.

(2) The provisions of section 31 of the principal la'" shall

apply 10 any pending proceedings in respeet of",hicil a billofindietment

has not yet been filed by the Attorney General on Ihe dayofthe coming

into force of this Act.

Passed by the HotlseofRepresentativesat Sil1ingNo. 331 or tile 17th Marcll, I~&>.

DANtEL. M 1CAU'£F

Speaker

C. MIFSUD

Clerk to the HOI45e of Representatives

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