Cap. 446 ст. 31Jurisdiction to take all subsequent decisions and governing law where Malta is the executing State.

(1) Where Malta is the executing State, the court of criminal jurisdiction shall have jurisdiction to take all subsequent decisions relating to a community sanction, in particular in case of non-compliance with a community sanction or if the sentenced person commits a new criminal offence. Such subsequent decisions may include:

(a) the modification of obligations or instructions contained in the community sanction or the modification of the duration of the community sanction;

(b) the revocation of the suspension of the execution of the judgement or the revocation of the decision regarding a community sanction; and

(c) the imposition of a custodial sentence or measure involving deprivation of liberty in case of a community sanction.

(2) If the nature or duration of the relevant community sanction is incompatible with the laws of Malta when Malta is the executing State, the court of criminal jurisdiction may adapt them in line with the nature and duration of community sanctions, which apply under the laws of Malta, to equivalent offences. The adapted community sanction or its duration shall correspond as far as possible to that imposed in the issuing State: Provided that where the community sanction or the duration duration provided for equivalent offences under the laws of Malta: Provided also that the adapted community sanction shall not be more severe or longer than the community sanction which was originally imposed.

(3) The court of criminal jurisdiction shall without delay request the Attorney General to inform the competent authority of the issuing State, by any means which leaves a written record, of all the decisions taken on:

(a) the modification of community sanction;

(b) the revocation of the suspension of the execution of the judgement or revocation of the decision regarding a community sanction;

(c) the enforcement of a custodial sentence or measure involving deprivation of liberty, because of non-compliance with a community sanction;

(d) the lapse of the community sanction.

(4) If so requested by the competent authority of the issuing State, the Attorney General, upon a request by the court of criminal jurisdiction, shall inform it of the maximum duration of deprivation of liberty that is foreseen in the national laws of Malta for the offence which gave rise to the judgment and that could be imposed on the sentenced person in case of breach of the community sanction. This information shall be provided immediately after receipt of the community sanction together with the necessary certificate.