ACT No. XIII or 1987 AN ACT furlha 10 amend the Criminal Code. Cap. 9.

I assent.

(L.S.)

AGATI{A BARHARA

President

DIll February. 1987

ACT No. XIII or 1987

AN ACT furlha 10 amend the Criminal Code. Cap. 9.

BE IT ENACTED by the President, by and with the ~dvice ~nd

oonsell1 of the House of Represenlatives, in this present Parliament

assembled, and by the authority of the same. as foUows:-

I . Th is Act may be cited as the Criminal Code (Amendment)

Act, 1987, and shall be read and construed as one wilh the Crimi nal

Code. hereinafter referred to as "the principal law·'.

In paragraph (a) of subsection (3) of section 370 of the prin- Amendmen'

cipal law, for the words "nOI exceedi ng four years'· there shall be of sect'" 370

substituted the words ··not exceeding ten years'·.

Immediately after sub-title III of Title 11 of Part I of Book.

Second of the principal law. there shall be added the following

OF QUESTIONS RELATING TO A

··Sub·Title IV

PROCES· VERB AL.

429A.( J)

If in any proceedings before any Court of Jud-

Qu. .........

t<g.rdinl

ici~l Police any question arises as to -

• pmd,·

",NI.

(a) the validi ty of a pF(x;es·~erbal, including any

depositions of witnesses, expert·s report, or any other

document annexed thereto, or any part thereof, or

(b) whether a proces·verbal or any depositions of

witnesses, expert"s report. or any other document an·

nexed to such prods·verbal has been regularly drawn

up, or

(c) the admissibility as evidence of the whole or

any par! of a prods-verbal or of any depositions of

wit nesses, expert's report or any document annexed to

sllch prods-verbal,

that COllrt shaU refer the question \0 the Court of Crimina l

Appeal consisti ng of three Judges as provided in subsection

(2) of section 498.

(2) A question as is referred to in the preceding

subsection may toe raised by the ExccU!;vc Police, by the

person charged or attused. by the injured party mentioned

ill section 410 or by The Court ex officio.

(3) Such question may be raised by means of a

note filed in the Registry not laler than ten working days

after the production in Co urt of the proces-I'uhal. provided

lhal if the prods-verbal is produced before a Court of Crim-

inallnquiry and the record of the inquiry has been Ira nsmlt-

ted to the Attorney General before the eltpiry of those len

working days witllOut such question being raised. the said

term shall commence to run from the day of the next sitting

before the Court of Judicial Police.

(4) Where a question is referred as provided in

subsection (I) of this section. the order o f reference shall

st~te concise ly and clearly that quest ion and indicate the

points of fact and of law out of which the question llrises.

(5) Where any such order has been made it shall

be the d uty o f the Registrar to ensure that ,1[1 au then tic ~'Qpy

of the record of the proceedings is brought before the Court

of Crim inal Appe al wit hin two working days from the date

of that order.

(6) The Court of Criminal Appeal shall . upon any

such reference. set down the Iluestion for hearing and cause

notice of such date to be given to the parties concerned. and

shall determ ine the question at the earliest opportun ity.

(7) Notwithstand ing anything contained in T it le

V of part I of Book Second of th is Code, and in addition to

lhe powers therein conferred, the Court of Criminal Appeal

may, upon such reference , in its decision exclude any matter

which may be irrelevant. eKtraneous or otherwise inadmiss-

able or beyond the powers conferred by law or by the decree

of the magistrate, as the case ma y be. and may further give

,ueh directions for the purpose o f doing justice and for the

discovery of the truth: and any such decision or directions

sh~l[ be bind ing in any proceedings in wh ich the question

was raised and in any consequent ial proceedings before any

other court of criminal justice.

(8) Notwith sta nding any prov ision of Boo k Sce,

ond of this Code. where in allY proceedings as are mentioned

in subsection (I) of this section no quest ion relating to a

prods·,-abul has been raised within the term laid down in

subsection (3) of this section it shall not be lawful. before

any coun of crim ina l justice. for the Executive Police. the

person charged or accused. the injured pany or the court ex

officio to raise any question even by way of a plea relating

to that proces-verbal.

(9) Where a question as provided in subsection

(I) of this .ection is raised in proceedings before the Court

of J ud icial Pol ice as a Coun of Criminal Inquiry prior to the

decision referred to in subsection (2) of section 401. the term

laid down in subsection (\) of the latter section shall be held

in abeyance." .

1 mmediately after subsection (5) of section 436 of the principal

law there shall be added the following new subsections

"(6) Notwithstanding any other provision of th is Code and

subject to the provisions of the following su bseclionsofthissection.

the a~'Cu sed may. not later than ten days after the date of service

of the notice referred to in subsection (6) of section 438 or of the

order referred to in subsection (4) of section 620. file a note in

the registry of the Court opting Ihat a jury be not impanellcd

for Ihe trial or for the decision of any collateral issue under Title

VII of Part 11 of Book Second of this Code. and an official copy

of such note shall be served on the Attorney Gen eral

Provided that this subsection shall not apply for the Irial of

th.: offence where the pun ishment demanded in the indictment is

of imprisonment for life.

(7) Th e provisions of subsection (6) of this section shall not

apply to lhe accused who has made the objection ment ioned in

paragraph (d) of subsection (3) of section 370.

(8) Where charges against two or more persons arc joined

in the same indictment and not all the accused have filed the note

rderrcd to in subsection (6) of this section. the trial of the accused

who has opted that a jury he not impandled for his trial shall ta ke

place after that the trial of the cause of the other accused who

has not filed such note has become reS judicata.

(<;) Where the option is exercised as provided in subsection

(6) of this section the court shall consist of onc of the judges sini ng

without a jury. and the provisions of this Title and of Sub-title I

of Title 11 and of T itle V of I';'rt [ of Book Second of this Code

shall "lIl/alis mutandis apply ....

In suhseetion (6) of section 438 of the principa l law for the Amcndm<nl <>f

words ··ten days' there shall be substi tuted "twenty days"".

(\) Where, on the comi ng into force of this Act. 3 bill of

indictment has already been filed in respect of an offence which the

Court of Judicial Police has jurisdiction to try accordillg to the pro~i ­

sinns of section 370 of Ihe principal law as amended by this Act, and

both tile Attorney General and the aceused at any stage prior to Ihe

impanelling of the jury signify thei r oonscot by means of a note entered

in the records that the case may be tried by the Court of J udicial Police

in accordance with Ihe said section, then the jurisdiction oflhe Criminal

Court shall cease and the Court of Judicial Police shall thereupo n be

vested with jurisdiction to try the offences contained in the bill of

indict ment accordingly

Provided that Ihe Criminal Court or, where lIO ~ppcal has

been entered, the Court of Criminal Appeal. shall not be precluded

from deciding any plea already raised in acoordance with the provisions

of sections 438 or 449 of the principal law,

(2) Where , on the coming imo force o f this Act , aprocts-vu-

bal has already been produced before a Court of J udicial Police, the

term mentioned in subsection (3) of section 429A of the princi pal law

shall commence 10 run from the date of the next silling of th at coun

after the coming into force of this Act.

(3) Where before the coming into force of this Act, the

notice referred to in subsection (6) of r.ection 438 or the o rde r referred

to in subsection (4) of section 620 has already been served on the

accused, the term for the filing of the note referred to .n sub,eclion (6)

of section 436 of the principal law shall commence 10 run from the

date of Ihe coming into force of this Act.

Passed by the House of Representa tives at Silti ng No. 448 of the 13lh February,

1987. PAUL XUEREB

Speaker

P . MUSCAT TERRlDlLE

Acting Clerk 10 the House of Represel1lalives

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