ACT No. XXXVI of 2021 AN ACT to amend various laws on dangerous drugs.

I assent.

(L.S.)

GEORGE VELLA

President

2nd July, 2021

ACT No. XXXVI of 2021

AN ACT to amend various laws on dangerous drugs.

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

consent to 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 Various Laws relating to

Dangerous Drugs (Amendment) Act, 2021.

PART I

Amendments to the Medical and Kindred Professions Ordinance

This Part amends the Medical and Kindred Professions

Ordinance and it shall be read and construed as one with the Medical

and Kindred Professions Ordinance, hereinafter in this Part referred to

as "the principal Ordinance".

The first proviso to sub-article (7) of article 120A of the

principal Ordinance shall be substituted by the following new proviso

"Provided that where, in respect of any offence

mentioned in this sub-article, after considering all the

circumstances of the case including the amount and

nature of the drug involved, the character of the person

concerned, the number and nature of any previous

convictions, including convictions in respect of which an

order was made under the Probation Act, the court is of

the opinion that the offender intended to consume the

drug on the spot with others, or procured a small quantity

of drugs to be consumed on the spot for and upon the

request of persons in his company at a single event at no

profit, the court may decide not to apply the provisions of

this sub-article:".

Immediately after sub-article (3) of article 120C of the Amendment of

principal Ordinance there shall be added the following new sub- article

"(4) In the course of any investigation of an offence

against this Ordinance, the Executive Police may request

a magistrate to hear on oath any person who they believe

may have information regarding such offence; and the

magistrate shall forthwith hear that person on oath.

(5) For the purpose of hearing on oath a person as

provided in sub-article (4) the magistrate shall have the

same powers as are by law vested in the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) as

a Court of Criminal Inquiry as well as the powers

mentioned in article 554 of the Criminal Code; provided

that such hearing shall always take place behind closed

doors.".

PART II

Amendments to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance and it shall Amendments of

be read and construed as one with the Dangerous Drugs Ordinance, the

hereinafter in this Part referred to as "the principal Ordinance".

The first proviso to sub-article (9) of article 22 of the principal Amendment of

Ordinance shall be substituted by the following new proviso

"Provided that where, in respect of any

offence mentioned in this sub-article, after

considering all the circumstances of the case

including the amount and nature of the drug

involved, the character of the person concerned, the

number and nature of any previous convictions,

including convictions in respect of which an order

was made under the Probation Act, the court is of

the opinion that the offender intended to consume

the drug on the spot with others, or procured a small

quantity of drugs to be consumed on the spot for

and upon the request of persons in his company at a

single event at no profit, the court may decide not

to apply the provisions of this sub-article:".

Article 29 of the principal Ordinance shall be renumbered as

sub-article (1) and immediately thereafter there shall be added the

following new sub-articles

"(2) The punishment shall also be diminished as provided

in sub-article (1) where the person found guilty of an offence

against this Ordinance has helped the police to apprehend the

person or persons involved in a conspiracy to deal in drugs or has

assisted the police to apprehend the person or persons for whom

the drug was intended for dealing.

(3) Notwithstanding the provisions of sub-articles (1)

and (2), where it is proved to the satisfaction of the court that the

person found guilty of an offence against this Ordinance had

assisted the police but for any reason clearly beyond his control

the person or persons who supplied him with the drug or the

person or persons involved in a conspiracy to deal in drugs or the

person for whom the drug was intended for dealing were not

apprehended, the court may, being satisfied of such

circumstance, diminish the punishment as regards imprisonment

by one degree and as regards any pecuniary penalty by one-third.

(4) A reduction in punishment under this article shall

only be given in terms of one of the foregoing sub-articles of this

article for the same case.".

Article 30 of the principal Ordinance shall be renumbered as

sub-article (1) and immediately thereafter there shall be added the

following new sub-article

"(2) Where the only witness against the accused in

any offence against this Ordinance or against the Medical

and Kindred Professions Ordinance in any trial by jury is

an accomplice, the court shall give direction to the jury to

approach the evidence of the witness with caution before

relying on it in order to convict the accused.".

In sub-article (2) of article 30B of the principal Ordinance, Amendment of

immediately after the words "or into the territory of another country," article

there shall be added the words "intact, or removed or replaced in whole Ordinance.

or in part,".

PART III

Amendments to the Drug Dependence (Treatment not Imprisonment)

Act

This Part amends the Drug Dependence (Treatment not Amendments of

Imprisonment) Act and it shall be read and construed as one with the the

Drug Dependence (Treatment not Imprisonment) Act, hereinafter in (Treatment

this Part referred to as "the principal Act".

Immediately after sub-article (5) of article 6 of the principal Amendment of

Act there shall be added the following new sub-articles

"(6) In the performance of its functions, the Board

shall act with independence and impartiality and it shall

be subject to the general supervision of the courts of

criminal jurisdiction as provided in this article.

(7) Where any person who is referred to the Board

by a court wishes to contest a decision taken with regard

to him or her by the Board

(a) that person may file an application for

the said purpose before the court by which he or she

was referred to the Board;

(b) the said court shall, in considering the

application, give due consideration to the grounds

of complaint, to the reasons for the decision of the

Board, and to any other information which it may

demand from the Board; and

(c) the court may either confirm its

agreement with the decision of the Board or refer

the matter back to the Board with direction for the

variation of the decision.

(8) The procedure provided for in sub-article (7)

shall also apply to decisions taken by the Board in respect

of persons who are referred to it by a Commissioner for

Justice in which case the application referred to in

paragraph (a) of sub-article (7) shall be filed before the

Court of Magistrates as a Court of Criminal Judicature in

the island where the applicant resides.".

Article 13 of the principal Act shall be amended as follows

(a)

paragraph (a) thereof shall be deleted; and

(b) paragraphs (b) and (c) thereof shall be renumbered as

paragraphs (a) and (b) respectively.

Passed by the House of Representatives at Sitting No. 480 of the

28th June, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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