AN ACT IQ am .. nd tlu Prisons A CI. 1976.

I assen t.

CENS U T AIlON"

(1 ,.5.,

President

3rd Apri l. 1990

ACT No, XIII of 1990

AN ACT IQ am .. nd tlu Prisons A CI. 1976.

BE IT ENACTED by the Preside nt . by and with the advice and

oon~nt o f the House o f Represcntatives, in th is pre~nt

Parliament

asse mbl ed. and by the authority o f the same. as follows: -

.

I. This Act may be ci ted as th e Prisons (Amendm~n t) Act. 1990. Sh<>n "'k.

and shall be read and oonstrued as one with the Prisons Act. 1976 . A<ttX

hereinafter referred to as ",he principal Act ~.

...

For subsections ( I) and (2) of section 4 of the principal Act

_,;0"

the re shall be substituted the following

"(I) The following pelWns shall be oonlined in prison-

(a) any person who has been sente nced by a Court of

criminal jurisdiction in Ma lta to the punishment of imprison ment

or dete ntion or who . having been 5elltellccd by a oompetent

authority to pay a fi ne (mullll or Ilmmemla) or costs. fail s to pay

such fine or costs in any case in which, acoording to law, such fi ne or

costS ure, if not paid , convertible into prisonment or detentio n

( b) any pelWn who has been sc.ntcl"ICed to the punishmen t of

death , imprisonme nt or delention by any olh er evurt or by any

aUlho ril y in Malta autho rised by law 10 inflict any such

punishments. unless such law appoims any other place in which Ihe

pun ishment is la be undergone

(c) an y ]>ClWn who, having been sentenced abroad by a

foreign Court or other compctem authority to a pun ishment

involving deprivat io n of liberty for a lim ited or unlimited period of

time on account of a criminal offence. is sent to Malta tooontinue

serving such sente nce in Malta in accordance with any trealy.

convention. agree ment or understanding for that purpose for tile

time being in force between Malta and the foreign country

oonce rned or whicll applies to botll such countries or to whicll both

countries are a party

(d) any person who has been arrainged under arrest and

charged before the compet ent Court for an offence in respect of

which the Courts in Malta have jurisdiction according 10 law. o r is

unde r examination before a Court of Criminal Inquiry. o r who is

comm itted for trial by the said Court or by any other competent

authority. or who is under trial in Malta, or who is the subject of

extradition pnxeedings. llnJ~ such person is released on bail,

(2)

It shall be 13wful to confine in a prison -

(a) an y person who , having been sentenced to give security

to keep the peace and to be of good behaviour or to watch over the

conduct ofa minor is. upon failure to give such securit y.liahle to be

detained and ke pt in custody. and any person who is arrested by a

competent Court for non'payment of the sum in which he bound

himself

(b) any person whose arrest or detention according to law is

ordered by any court or other compelent authority

(c) any person who, unde r any e xtradition arrange men t, is

liable to be surrendered to a foreign country;

(d) any person detained in custody under the provisions of

the Immigration Act, other than under section 10 or 22 thereof;

(c) any person who hps been arrested for an offence:'.

Passed by the Houseof Repre sentatives at Sitting No. 3580fthe 26th Murch, 1990.

LAW Rf::I" C E GON?I

Speak er

p, M U SCAT TERII.I BII.E

Clerk to Ihe House of Represellluli.·cs

Ippubllhh' InId.Dlparnmrnt 11' 1.lnfonn",;zjo1u Ko>nIj. Pubbsh<d by rh< Dq>rnmtnt of]nfOJ1ll.lMn . ("",,;110

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