ACT No. XXXV of 2024 An ACT to amend the Extradition Act, Cap. 276.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

25th October, 2024

ACT No. XXXV of 2024

An ACT to amend the Extradition Act, Cap. 276.

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

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows

The short title of this Act is the Extradition (Amendment) Act,

2024 and this Act shall be read and construed as one with the

Extradition Act, hereinafter referred to as the "principal Act".

Sub-article (5) of article 15 of the principal Act shall be

amended as follows

(a) immediately before the words "Where the person

arrested" there shall be added the words "Where a person has

been brought before a court of committal as provided in sub-

article (1), the court shall inform such person that he may

consent to being extradited and the court shall explain the

procedure that shall apply if he gives his consent.";

(b) the words "that he is willing to be extradited, the said

court upon being satisfied of the voluntariness of such

declaration" shall be substituted by the words "that he is willing

to be extradited, the court shall clearly warn such person of the

legal consequences of his declaration and, after allowing him

such time as the court deems reasonable for him to reply, the

court shall upon being satisfied of the voluntariness of such

declaration"; and

(c) the words "under the provisions of this sub-article."

shall be substituted by the words "under the provisions of this

sub-article:" and immediately thereafter there shall be added the

following proviso

"Provided that

(i) any person who is awaiting extradition from

Malta at the time of the coming into force of this proviso

after having declared that he is willing to be extradited

according to this sub-article as was in force when the

declaration was made may, notwithstanding the other

provisions of this Act, within fifteen (15) days from the

date of the coming into force of this proviso file an

application before the Court of Criminal Appeal to request

the annulment of the said declaration and to request

authorization to contest the request for extradition under

this Act;

(ii) once an application is filed in terms of this

proviso, all time limits provided for in this Act and relating

to the particular extradition proceedings shall be

suspended, until such time as the application is determined

by the court, and after the Court of Criminal Appeal

accedes to the request the said time limits shall remain

suspended until the acts of the proceedings are received by

the court of committal;

(iii) the Court of Criminal Appeal shall accede to

the request made in accordance with this proviso and order

that the acts of the proceedings be remitted to the court of

committal within three (3) days so that the person whose

extradition is being requested declares before the court of

committal whether he is willing to be extradited, as if he is

appearing before the court of committal for the first time;

(iv) where the Court of Criminal Appeal grants a

request filed in terms of this proviso and until the acts of

the proceedings are remitted to the court of committal, the

provisions of this article and any time limits applicable in

respect of such person’s arrest or to the procedure for his

extradition shall commence to apply and run anew as soon

as the acts of the proceedings are received by the court of

committal.".

Passed by the House of Representatives at Sitting No. 265 of the

21st October, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.36