MT
Regulations, 2023
Statutory Text (3 Articles)
L.N. 225 of 2023
ATTORNEY GENERAL ORDINANCE
(CAP. 90)
STATE ADVOCATE ACT
(CAP. 603)
Prosecution of Offences (Transitory Provisions) (Amendment)
Regulations, 2023
IN EXERCISE of the powers conferred by article 3(c) of the
Attorney General Ordinance and by article 1 of the State Advocate
Act, the Minister responsible for justice has made the following
regulations:-
(1) The title of these regulations is the Prosecution of
commencement.
Offences (Transitory Provisions) (Amendment) Regulations, 2023 and
these regulations shall be read and construed as one with the
Prosecution of Offences (Transitory Provisions) Regulations
hereinafter referred to as "the principal regulations".
These regulations shall come into force on the 1 st October
(2)
2023.
The Schedule to the principal regulations shall be amended
as follows
(a) immediately after item 1B thereof, there shall be
added the following new item
"1C. The Attorney General shall have the power to
decide whether a prosecution is or is not to be instituted
in the following categories of offences when the charges
are to be filed in the Court of Magistrates as a court of
criminal judicature or in the Court of Magistrates as a
Court of criminal inquiry on or after the 1 st October
2023
(a) grievous bodily harm; grievous bodily
harm with arms proper; other cases of grievous
bodily harm; grievous bodily harm from which
death ensues under sub-title II of Title VIII of Part
II of Book First of the Criminal Code;
(b) involuntary homicide; involuntary
homicide in the course of theft or attempted theft
under sub-title IV of Title VIII of Part II of Book
First of the Criminal Code;
(c) infanticide under sub-title VIII of Title
VIII of Part II of Book First of the Criminal Code;
(d) stalking involving fear of violence,
serious alarm or distress under sub-title IX of Title
VIII of Part II of Book First of the Criminal Code;
(e) aggravated theft under sub-title I of
Title IX of Part II of Book First of the Criminal
Code;
(f) offences against the National Interest
(Enabling Powers) Act;
(g) offences
against
the
Fisheries
Conservation and Management Act;
(h) attempts or conspiracy to commit or
complicity in the offences mentioned in paragraphs
(a), (b), (c), (d), (e), (f) and (g) above."; and
(b) item 3 thereof shall be substituted by the following
new item
"3. (1) Without prejudice to the provisions of
item 2, the Executive Police shall not on or after the 1 st
October 2020 institute or pursue any prosecution for the
crimes listed in item 1 in the absence of a decision to
prosecute having been taken by the Attorney General.
(2) Without prejudice to the provisions of item 2,
the Executive Police shall not on or after the 1 st October
2021 institute or pursue any prosecution for the crimes
listed in item 1A in the absence of a decision to prosecute
having been taken by the Attorney General.
(3) Without prejudice to the provisions of item 2,
the Executive Police shall not on or after the 1 st October
2022 institute or pursue any prosecution for the crimes
listed in item 1B in the absence of a decision to prosecute
having been taken by the Attorney General.
(4) Without prejudice to the provisions of item 2,
the Executive Police shall not on or after the 1 st October
2023 institute or pursue any prosecution for the crimes
listed in item 1C in the absence of a decision to prosecute
having been taken by the Attorney General.".
€0.27