AN ACT 10 arMnd Ih~ pro/HJlitm of Off em un A CI, Cap. Jj2, BE IT ENACfED by fhe President. by and with the advice and consent of the House of Representalives, in this present Parliament assembled. and by the aUlhority of the same. as foIlOW!l:-

(L .S.)

C EN SU T " IJONE

Presidenl

26th January , 1993

... er No. 1 or 1993

AN ACT 10 arMnd Ih~ pro/HJlitm of Off em un A CI, Cap. Jj2,

BE IT ENACfED by fhe President. by and with the advice and

consent of the House of Representalives, in this present Parliament

assembled. and by the aUlhority of the same. as foIlOW!l:-

I. Th is Act may be ciled as the Probation of Offenders

( Amendmenl) Act. 1993. and shall be read and construed as one wil h

the ProbRlion of Offenders ACI, hereinafter referred 10 as Mlhe principal

Act" .

Section :Z of Ihe principal Act shall be amended a~ follows

(a)

in the Maltese lexl lhereof -

(i) immt:dialely dler Ihe words "Hifsir lal·kelm. ma

jri!;Si rK ~on'ohra _

lbere shall be inserled Ihe .... ords

W

~Mdikjarala halja la' reat- linkludi dikjara~joni IH ' htija mill-

Ooni IQ' I·Appcll Kriminali u l-konferma mill-imsc:mmija

qoni la' dikjaraujoni la' htija mill·qoni la ' l-e_cl g..ad ~w

la ' sejbien la' hlija mill-I\uri; w; and

(il) Ihe words from --II·Ooni Kriminali w Ilhandha

lil'lies li linkludi - 10 - di kjarazxjoni la' l'Itija mi ll ·Qorli I~' 1-

Appell Kriminali; " shall be deleled ; and

(b) in the Engl ~h textlhe reof. for the words "-Ihe C rimin al

w

Cou n shall be deemed to include th e Court of Crim inal Appeal

and ally reference 10 a OOD viclion by or be fore the Cri minal Court

shall be deemed to include a conviction or the affirmmion of a

conviction by Ihe Court of Criminal Appeal;" there shall be

substi tuted the words • .. ·convicted of an offence w includes

conviction by t!le Court of Crim inal Appeal and l!le affirmation by

the sa id court of a conviction by the court of fil'llt inStance or of a

finding of gu ilt by a jur~;M ,

Subsection (I ) of section 4 of the principal An shall be

amended lIS follows

(a) for paragraph (c) thereof there shall be s.ubstiluted the

following paragraph

" (c)

10 report ai least once every six months 10 Ihe rolln

lIS 10 tbe behaviour, mode of life and generally upon tile

progress. if any , ol,bc probalionc r :~; and

(b) in paragraph (d) tllereof for the words Kbefricnd him,-

there wall be subitituted the words "befrien d the probationer,".

S«1ion S of lIIe p rincipal Act shall be amended as follows

(a) in subseclion (I) thereof, for the words " not being an

offena wh.ich , "there sliall be substi tuted th e words "no. being an

offence punishable only with a fine ( mulfQ or "If1IMnM) and not

being an offence which ,"; and

(b) in subsection (2) thereof. for the words - the oommisslon

of other offences;" there slull! be substituted the words "'he

commission of other offences, and the COli" may also give 10 the

probation officer stu.:h directions as it may deem nece5Sary for

lieCuring these purposes:w; and

(t) in wbsedion(4)theroof-

(i) for the words ~twe lve months~ there slmll be

wbstituted the words - twemy six months"; and

(ii) for the words "direction of a medica l pract itioner"

there shall be subinituted the words - direction of a m<=dical

practitioner or other suitably qualified person w; and

(iii) fnr the words " under the direction of such medical

practitioner" there shall be substituted the words " under the

di rection of wch medical practitioner or other suitably

qualified pel'$On"; and

for the words "application made b~ the medical

(iv)

~itionerw the re shall be substituted the words " application

mhde b~ th e medk al pructitioner or ot her suilabl~ qualified

pel'$On-.

For subsection (2) of section 6 of the prindpal Act there shall

be substi tuted the fol lowing subsection

-(2) The copn &haD not appoint the principal probation

officer 10 supervise an offe nder. and. where the circumstar>ecs

pennil. shall appoint I probation office r ex perienced in dealing

with childre n Or young pet50ns 10 supervise an offender who is

under the age of sixteen ~ears.".

In suh5eet:ion (2) of seet.ion 7 of the principal Act , for the words

"upon application made" there shan be substituted the words "upon

~ipt of a repon from the probation officer Or upon application

made ".

Section 8 of the princi pal Act shall ~ am ended as follows

Ca) in subsection (I) thereof _

(i) for the words MPmvided that no such liummons~

there shall be substituted the words ~Pro ... ided thai , e ~cept

where the aJJ eged failure is brought 10 the attention of the

court in a report by the problilion of~r. 110 locli IlUmmons~ ;

~d

(ii) for the WQrds ~by the Criminal Court , ~ the re shall

be substituted the words Hby the Crimin al Court or by the

umrt of Criminal Appeal. M; and

(ili)

for the words Hby a court of judicial Police. there

M

shall be substituted the words "by the Court of Magistrates

( Malta). by the Court of Magistrllts (Gow) o r by lhe J uw:11ile

Court ,M; and

(b) in subsection (2) thereof, for the words Mien liri ,M there

shall be substi tuted the words "fifty Malle5C li n," .

In IlUbsection ( I ) of section 9 of the principal Act, for the words

being an offence which, M th ere ~haU be substituted the words "nOl "'_ ... 9

bei ng an offence punishable onl)' with a fine (mu/ra or amme"da) and

not being an offence whkh ,~,

9, S«tion IOof the principal Act shall be amended as follows

(a) Ihe present provisinfl shall be renumbered as subsection

(I)thercof; and

(b) immediate ly after subsection (I) thereof as renumbered

there sha ll be added the followi ng new subsections

~(2) Subject 10 the provisions of $Ubsection Cl), where a

person i$ deal t with for the offence for which he was placed on

probation or co nditionally discha rged. it shall not be lawful for

tbe court In place him on probation o r 10 make an order as

provided in subsection (I ) of section 90f this Act in respect of

that offence .

(3) Subsection (2) shall not appl)' where the offence,

commi tted duri ng tile probation period or during llIe period of

conditional discharge and for whieb the person i$subsequently

convicted, is a contravention o r is a crime commi ued thro ugh

imprudence or carelessness, or through unskilfulness in the

exercise of any art or profession , or through non-observance

ofregulalions.

(4) For the pUrp<>scs of sul»ect ion (1) -

(a) the Court of Magistrates (Malta ). the Court of

Magistrates (Gozo) and the J uvenile Court shall be

deemed to be the $3Ole court ;

(b) the Court of Criminal Appeal in the

determination of appeals from judgcmc:ntsof the Court of

Magistrates ( Malta), the Cou rt of Magis! ra tes (Gozo) and

the Juvenile Court slll ll be dcemed 10 be • different court

from tile Court of Criminal Appeal in the determination

of appeals fro m decisions of the Criminal Court. ~.

In wbse<:lion ( \) of section 11 of the principal Act , for the

words HI"'O hundred liri .ft there shall be au\)slituled the wo rds Mfive

hundred Maltese liri.

ft,

11 . Subseelm (3) of section 12 of tile principal Act shall bt

amended as foUows

(a) for the words "1l1e foregoing provHioRS of this sectiorJ ft

there shall be substituted the words '1'1Ie provisions o f subsection

(1) of scaio n S, of subsection (1) of KCtiOl'l 9 and of subsections (I)

and (2) of lhis seclio n ft ;

(b) for paragraph (c) thereof, there shall be substituted tbe

foUowing paragraph

M(e) the operation of scction 23 of the Criminal

Code and of any other provision of that Code or o f any

o the r law relating 10 the forfeiture of any p roperty, and of any

right in or over any "ropertv. whether movable or

immovable, or the rctcntion of any property by tile regitilrar

of any court or by any mber officer au thorised by law 10 sciu

or \0 retain any property connected with criminal pr0-

ceedings: ft; and

(c) for paragraph (g) thereof. there shal l be substituted the

follOWIng pal1lgraph

,M(g) the opc-:at!on of subsections (3), (!i) and (6) o f

seCtion js of the Cn mmal Code ;M,

12, Immediately after subsection (3) of section 13 of the principal

Act there shall be added the following subsection

M(4) The provisions o f the foregoing subsections shall apply,

mUlalU mUlandis, 10 proceeding. before the Courl o f Criminal

AppeaL" .

Passed by the House of Representa tives al Silting No. 96 of the 20th January , 1993.

LAWRENCE GONZI

SJHllku

RICH ARD J . CAvan

Clerk 10 Iht Houu of RtprtUrllali~ts.

Go...

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Minn ufih wara s·subanikolu (3) la' l·aniko!u 13 ta' I·An

prinCipali ghand" ji!dicd dan is-subartikolu 1i gcj

"(4) Id·dispoti:ajonijict las·subartikoli la' hawn qabel

ghandhom jappl ikaw , mUlalis muumdi$, ghal proted uri qllddiem il-

Ooni la·I·Appc:U Kriminali, ~,

Mglloddi m ill· Kamr~ tad-Depu l3li fis-Scdm3 !'rIru, 96 la' 1-20 la' Jannar, 1'193.

U.WR ENCE GONZI

SfMilU.

RI CH ARD J. C i\.UCHI

Skri~an ",/·Kamrilltld·!HpuIllli,