ACT No. Lili of 1981 AN ACT further to amend the Criminal Code, Capo 12.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

6th November, 1981

ACT No. Lili of 1981

AN ACT further to amend the Criminal Code, Capo 12.

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

consent of the House of Representatives, in this present Par1iament

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

(1) This Act may be cited as the Criminal Code (Amend­

ment) Act, 198 I, and shalI be read and construed as one with the

Criminal Code, hereinafter referred to as "the principal law".

(2) This Act shall come in to force on such date as the

Minister responsible for lustice may by notice in the Gazette appoint.

For section 450 of the principal law there shaH be substituted

the following

450. ( l ) An official copy of the indictment and of the

"Service of

indictment

list referred to in subsection (2) of section 584 shalI be served

on

on the accused.

accu",ed.

(2) The accused shall, by means of a note to be

filed in the Registry of the Court not later than fifteen working

days from the date of such service -

(:i) give notice of any pleas referred to in section

461 and any plea regarding the admissibility of evidence

which he intends to raise, and

(ii)

indicate the witnesses and produce the docu­

ments and other exhibits which he intends to use at the

trial,

and an official copy of such note shall be served on the

Attorney General.

(3) The Attorney General shall, by means of a

note filed in the Registry of the Court not later than five days

from the date of service of the notice filed by the accused,

give notice of any p1ea regarding the admissibility of evidence

which he intends to raise.

(4) On the expiration of the time referred to in

the preceding subsection the Court shall appoint a day for the

hearing of all the p1eas and shall on that day direct the Regis­

trar to read out the indictment, and shall then proceed to

determine such pleas before the accused pleads to the general

issue of guilt)' or not guilty

Provided that the Court may ex officio or on the

application of the Attorney General or the accused request

that the proof intended to be established by the witnesses be

stated.

(5) If no p1eas have been raised as provided in

subsections (2) and (3) of this section, or after the determina­

tion of such pleas, the Court shall appoint a day for the

hearing of the trial.

(6) The accused shall be served with a notice of

such date allowing a term of at least ten days to prepare his

defence. The Court may, on good cause being shown, and after

hearing the Attorney General, extend such term to any further

period as it may deem fit.

The accused may waive his right to such

(7)

term.".

Section 452 of the principal law shall be amended as follows

subsections ( l ) and (2) shall be de1eted;

(a)

(b) for subsection (3) thereof there shall be substituted the

following

"(3) The record of the inquiry, documents and

exhibits filed in the Registry of the Court by the Attorney

General or the accused shall be accessible to the Attorney

General and to the accused or his Advocate or Legal

Procura tor. ";

(c) in subsection (4) thereof for the words "of the said

documents; exhibits, and record" there shall be substituted the

words "of all the documents, exhibits, and record";

(d) in subsection (5) thereof, for the words "in the list or

filed as aforesaid" there shall be substituted the words "in the lists

or filed as provided in section 450,"; and

(e) in subsection (6) thereof, for the words "default of filing

within the said term" there shall be substituted the words "default

of filing within the term specified in section 450",

For subsection ( 1 ) of section 458 of the principal law there

shall be substituted the following

" ( 1 ) Any objection to the Judge shall be raised, and

the decision of the Court shall be given thereon, before the reading

out of the ind i c t m e n t whcn the aecused has been placed at the bar,

,

on the day appointed for the hearing of the preliminary pleas, Of,

if no sueh pleas have becn raised, on t he day appointed for the

trial. ".

For section 460 of the principal law there shall be substituted

the following

460. Where no pleas have been raised as provided in

"Reading

OLlt of the

section 450, the Court shall direct the Registrar to read out

indictment

the indictment.".

to the

accused.

For subsection (l) of section 461 of the principal law there shall

be substituted the following

"(1)

The following pleas, that is to say -

plea to the jurisdiction of the Court;

(a)

plea of nullity of or defect in the indictrnent

(b)

plea of extinguishrnent of action;

(c)

plea of "autrefois convict" or "autrefois acquit";

(d)

plea of insanity of the accused at the time of the tria1;

(e)

(f) plea relating to any other point of fact in consequence

of which the trial should not take place at the time, or at any

future tirne; and

(g) saving the provisions of subsection (l ) of section 458,

any other preliminary plea,

may on1y be raised if notice thereof has been given as provided in

subsection (2) of section 450

Provided that the Court may a u th o r i se such pleas to be raised

for a reason which arises after the time within which the note

referred to in subsection (2) of section 450 is to be filed in the

Registry of the Court.".

Section 466 of the principal taw shall be amended as foHows

(a) for subsection (l) thereof there shall be substituted the

following

"(1)

If the aecused pleads not guilty, sueh plea shall be

recorded. ";

subsection (2) thereof shall be deleted;

(b)

subseetion (3) thereof shall be deleted;

(e)

(d) in subsection (4) thereof, for the words "the Court shall"

there shall be substituted the words "the Court shall, if no pleas have

been raised as provided in seetion 450 or otherwise, after the deter­

rnination of such pleas,"; and

(e) for subsection (5) thereof there shall be substituted the

foHowing

out of the indictment, whcn the aecused has been placed at the bar,

on the day appointed for the hearing of the preliminary pleas, Of,

if no sueh pleas have becn raised, on the day appointed for the

trial. ".

5. For section 460 of the principal law there shall be substituted

the following

460. Where no pleas have been raised as provided in

"Reading

OLlt of the

section 450, the Court shall direct the Registrar to read out

indictment

the indictment.".

to the

a.ccused.

6. For subsection (l) of section 461 of the principal law there shall

be substituted the follo'.'i'ing

"(1)

The following pleas, that is to say -

plea to the jurisdiction of the Court;

(a)

plea of nullity of or defect in the indictrnent

(b)

plea of extinguishrnent of action;

(c)

plea of "autrefois convict" or "autrefois acquit";

(d)

plea of insanity of the accused at the time of the tria!;

(e)

(f) plea relating to any other point of fact in consequence

of which the trial should not take place at the time, or at any

future tirne; and

saving the provisions of subsection ( l ) of section 458,

(g)

any other preliminary plea,

may on1y be raised if notice thereof has been given as provided in

subsection (2) of section 450

Provided that the Court may authorise such pleas to be raised

for a reason which arises after the time within which the note

referred to in subsection (2) of section 450 is to be filed in the

Registry of the Court.".

7. Section 466 of the principal taw shall be amended as foHows

(a) for subsection (l) thereof there shall be substituted the

following

"(1)

If the accused pleads not guilty, such plea shall be

recorded. ";

subsection (2) thereof shall be deleted;

(b)

subsection (3) thereof shall be deleted;

(c)

(d) in subsection (4) thereof, for the words "the Court shall"

there shall be substituted the words "the Court shall, if no pleas have

been raised as provided in section 450 or otherwise, after the deter­

rnination of such pleas,"; and

(e) for subsection (5) thereof there shall be substituted the

foHowing

"(5) On the day fixed for the trial the Court

shall

impanel the jury and shall then proceed with the tria}".

Arnendment

In subsection ( l) of section 508B of the principal law for the

of section 508B

words "decision given at the stage referred to in subsection (1) of section

of the pdncipal

466 on the plea of the admissibility of evidence therein mentioned" there

law.

shall be substituted the words "decision regarding the admissibi1ity of

evidence." .

Section 584 of the principal law shall be amended as follows

Amendment

of &ectioD 584

(a)

the present provision shall be renumbered as subsection

of the principal

( l ); and

)aw.

(b) immediately after subsection (I) as renumbered there shall

be added the following new subsection

"(2) With the indictment the Attomey General shall

also fiJe the record of the inquiry together with a list of the

witnesses, documents and other exhibits which he intends to

produce at the trial.".

Passed by the House of Representatives at Sitting No. 549 of the 4th November,

1981. CALClDON AGIUS

Speaker

c. MIFSUD

Clerk to the House of Representatżves

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