Cap. 31 · Medical And Kindred Professions Ordinance (Cap. 31)
Cap. 31 Art. 120CAdditional powers of investigation.
PART XI
(1) Where, upon information received, the Attorney
General has reasonable cause to suspect that a person (hereinafter referred to as "the suspect") -
(a) is guilty of selling or dealing in a drug contrary to the provisions of this Ordinance; or
(b) is guilty of any of the offences mentioned in article 120A(1)(e) or (f); or
(c) is guilty of an offence mentioned in article 120A(1)(d) with reference to any of the offences referred to in the foregoing paragraphs of this sub-article, or
(d) is guilty of the offence mentioned in article 120A(1D); or
(e) is guilty of the offence of possession of a drug contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A of the Dangerous Drugs Ordinance shall apply to that application and to the suspect and to mutatis mutandis any investigation or attachment order made by the court as a result of that application.
(2) The words "investigation order" in article 24A(2) and (5) of the Dangerous Drugs Ordinance shall be read and construed as including an investigation order made under the provisions of this article.
(3) The words "attachment order" in article 24A(6A) of the Dangerous Drugs Ordinance shall be read and construed as including an attachment order made under the provisions of this 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.
Änderungsgeschichte
- Amended by XXXVI.2021.4
Verweist auf
- Cap. 31 Art. 120
- Cap. 31 Art. 24
- Cap. 31 Art. 554