Cap. 446 Art. 23Conviction following an order.

(1) If a person in whose case a community sanction or an order for conditional discharge has been made, is subsequently convicted by or before any court of an offence committed during the probation period or during the period of conditional discharge, the court -

(a) if it is the same court that had made the probation order, the community service order, the combination order or the order for conditional discharge, may deal with that person for the offence for which the order was made in any manner in which it could deal with the offender if he had just been convicted by or before that court of that offence;

(b) if it is a different court, it shall commit that person before the court by which the probation order, the community service order, the combination order or the order for conditional discharge was made and such court shall as soon as practicable, cause such person to appear or be brought before it, and on proof to its satisfaction of the conviction in respect of the further offence, may deal with that person for the offence for which the order was made in any manner in which it could deal with the offender if he had just been convicted by or before it of that offence.

(2) Subject to the provision of subarticle (3), where a person is dealt with for the offence for which he was placed on probation on a community service order or a combination order or conditionally discharged, it shall not be lawful for the court to place the offender under a community sanction or to make an order as provided in article 22(1).

(3) Subarticle (2) shall not apply where the offence committed during the probation period or during the period of conditional discharge and for which the person is subsequently convicted, is a contravention or is a crime of involuntary homicide, or involuntary bodily harm, or involuntary damage to property.

(4) For the purpose of subarticle (1) -

(a) the Court of Magistrates (Malta), the Court of Magistrates (Gozo) and the Juvenile Court shall be deemed to be the same court;

(b) the Court of Criminal Appeal in the determination of determination of appeals for decisions of the Criminal Court.