ACT No. III of 2020 An ACT to amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

GEORGE VELLA

President

28th February, 2020

ACT No. III of 2020

An ACT to amend the Criminal Code, Cap. 9.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Criminal Code (Amendment)

Act, 2020 and this Act shall be read and construed as one with the

Criminal Code hereinafter referred to as "the Code".

The second proviso to sub-article (3) of article 203 of the

Code shall be deleted.

Article 208B of the Code shall be amended as follows

(a) in the marginal note thereof, the words "204 to 204C

and 208A" shall be substituted by the words "203 to 204D and

208A to 208AB"; and

(b) in sub-article (1) thereof, the words "204, 204A to

204D," shall be substituted by the words "203 to 204D,".

Article 247A of the Code shall be amended as follows

Amendment of

article 247A of

the Code.

(a) in the marginal note thereof, the words "Ill-treatment

or neglect of child under twelve years." shall be substituted by

the words "Ill-treatment or neglect of child under sixteen years";

(b) in sub-article (1) thereof, the words "twelve years"

shall be substituted by the words "sixteen years".

In sub-article (1) of article 251B of the Code, the words "for a Amendment of

term from three to six months" shall be substituted by the words "for a article

the Code.

term from one to two years".

Article 540A of the Code shall be amended as follows

Amendment of

article 540A of

the Code.

(a) in sub-article (1) thereof, the words "a Police officer,

together with" shall be deleted;

(b) the proviso to sub-article (1) thereof shall be

substituted as follows

"Provided that a Police officer shall also initiate

an investigation, during which investigation there shall be

heard, amongst others, the alleged offender, as the case

may be:";

(c) immediately after the proviso to sub-article (1)

thereof, as substituted, there shall be added the following new

provisos

"Provided also that if an assessment has been

conducted by a professional trained in accordance with the

Gender-Based Violence and Domestic Violence Act within

the twenty-four hour period immediately preceding the

receipt of the report, information, or complaint by the

Executive Police, there shall be no need to conduct that

assessment after such receipt

Provided also that if in the cases mentioned

under sub-article (1) the alleged offender is to be taken

before the court by arrest, and if he remains arrested until

his arraignment in court, the dispositions of this article

shall not apply."; and

(d) in sub-article (2) thereof, the words "Where, during

such investigation" shall be substituted by the words "Where,

following such investigation, and after the due consideration of

the results of the assessment,".

Passed by the House of Representatives at Sitting No. 302 of the

26th February, 2020.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54