EXTRADITION ACT

EXTRADITION

CHAPTER 276

EXTRADITION ACT

To make provision for and with respect to the extradition, to and from other countries, of

persons accused or convicted of offences, and for any matter connected therewith or

incidental thereto.

1st February, 1982

ACT XVIII of 1978, as amended by Acts XLIX of 1981 and VIII of 1990 ; Legal Notice

40 of 1993 ; and Acts XVII of 1996 , III of 2001 , III and XXIV of 2002, IX of 2003 , III of

2004 , VII of 2010 , XXIV of 2014 , XXXV of 2023 and XXXV of 2024.

The short title of this Act is the Extradition Act.

[ ARTICLE 5]

1. Wilful homicide

2. Involuntary homicide

3. An offence against the law relating to abortion

4. Wilful grievous bodily harm

5. Assault occasioning actual bodily harm

6. Rape (carnal knowledge with violence)

7. Abduction

8. Unlawful sexual intercourse with a female

9. Violent indecent assault

10. Procuring, or trafficking in, women or young persons for

immoral purposes

11. Bigamy

12. Illegal arrest, detention or confinement, or dealing in

slaves

13. Unlawful removal of persons to a foreign country or

confinement therein

14. Kidnapping, abandoning or exposing a child

15. Bribery

16. Perjury or subornation of perjury or conspiring to defeat

the course of justice

17. Arson or fire-raising

18. An offence concerning counterfeit currency

19. An offence against the law relating to forgery

20. Theft

21. Misappropriation, fraud relating to insurance, barratry,

fraudulent breach of trust in respect of papers signed in blank or

otherwise, commercial or industrial fraud, obtaining money or

property by false pretences, other cases of fraudulent gain

22. Receiving stolen property or property which was

misapplied or obtained by means of any offence, or knowingly

taking part in the sale or disposal thereof

23. Embezzlement

24. Blackmail, private violence, unlawful exaction, extortion

25. An offence against bankruptcy law or company law

26. Malicious or wilful damage to property

27. Acts done with the intention of endangering vehicles,

vessels or aircraft

28. An offence against the law relating to dangerous drugs or

narcotics

29. Piracy

30. Revolt against the authority of the master of a ship or the

commander of an aircraft

31. An offence against the law relating to computer misuse

(1) In this Act, other than in Part VI thereof and unless the

context otherwise requires -

"arrangement", in relation to the return of fugitive criminals to or

from any country, other than Malta, means any treaty, convention,

agreement or understanding for that purpose between Malta and

such other country or which applies to both such countries or of

which both such countries are a party;

"accused person" includes a person, in respect of whom a

warrant is issued, who is wanted in a designated foreign country for

the purposes of conducting a criminal prosecution for the

commission of an offence specified in the warrant;

"country" includes any territory;

"designated Commonwealth country" has the meaning assigned

to it by article 4;

"designated foreign country" has the meaning assigned to it by

article 6;

"extraditable offence" has the meaning assigned to it by either

article 5 or article 8, as the case may require;

"fugitive criminal" means a person accused or convicted of an

extraditable offence committed within the jurisdiction of any

country other than Malta who is or is suspected of being in Malta;

and whenever that term occurs in relation to any such country,

means a fugitive criminal accused or convicted of an extraditable

offence committed within the jurisdiction of that country;

"Minister" means the Minister responsible for justice;

"prison" has the meaning assigned to it by the Prisons Act;

"requesting country" means a country requesting the return under

this Act of a fugitive criminal.

(2)

For the purposes of this Act -

(a) a person convicted of an offence in his absence shall

be treated as a person accused of that offence;

(b) an act or omission which constitutes an offence only

against military law but not against the ordinary law of

the land shall not be treated as an offence;

(c) every colony, dependency and constituent part of a

country, and every vessel and every aircraft of or

registered in that country, shall (except where

expressly mentioned as distinct in this Act or

otherwise expressly provided) be deemed to be within

the jurisdiction of and to be part of such country.

The provisions of this Act and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions

of the 1982 United Nations Convention on the Law of the Sea as

ratified by the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area as defined in

the Exclusive Economic Zone Act. Any artificial island,

installation, structure, equipment or device therein shall, solely for

the purposes of this Act and any subsidiary legislation made

thereunder, be treated as if they were situated in Malta itself.

PART II

RETURN OF OFFENDERS TO COMMONWEALTH COUNTRIES

Subject to the provisions of this Act, a person found in

Malta who is accused of an extraditable offence in any designated

Commonwealth country or who is alleged to be unlawfully at large

after conviction of such an offence in any such country, may be

arrested and returned to that country as provided by this Act.

(1) The Minister may by order designate for the purposes

of article 3 any country for the time being mentioned in article

28(3) of the Constitution of Malta, or any other country within the

Commonwealth; and any country for the time being so designated

is in this Act referred to as a designated Commonwealth country.

(2) The Minister may by the same or any subsequent order

direct that this Act shall have effect in relation to the return of

persons to, or in relation to persons returned from, any designated

Commonwealth country subject to such conditions, exceptions,

adaptations or modifications as may be specified in the order.

(3) For the purposes of any order made under the foregoing

provisions of this article, any territory for the external relations of

which a Commonwealth country is responsible may be treated as

part of that country or, if the Government of that country so

requests, as a separate country.

(1) For the purposes of this Act an offence of which a

person is accused or has been convicted in a designated

Commonwealth country is an extraditable offence in respect of that

country if -

(a) it is an offence which, however described in the law of

that country, falls within any of the descriptions set out

in the Schedule to this Act, and is punishable under

that law with imprisonment for a term of twelve

months or any greater punishment; and

(b) the act or omission constituting the offence, or the

equivalent act or omission, would constitute an

offence against the law of Malta if it took place within

Malta or, in the case of an extra-territorial offence, in

corresponding circumstances outside Malta.

(2)

In determining for the purposes of this article whether an

offence against the law of a designated Commonwealth country

falls within a description set out in the said Schedule any special

intent or state of mind or special circumstances of aggravation

which may be necessary to constitute that offence under the law

shall be disregarded.

(3) The descriptions set out in the said Schedule include the

offences therein described whether or not they are accompanied by

any aggravating or mitigating circumstance, and include also in

each case offences of complicity in an y such offence or of

attempting to commit any such offence within the meaning

respectively of article 41 or 42 of the Criminal Code.

(4) References in this article to the law of any country include

references to the law of any part of that country.

PART III

RETURN OF OFFENDERS TO OTHER FOREIGN COUNTRIES

Subject to the provisions of this Act, a person found in

Malta who is accused of an extraditable offence in any designated

foreign country or who is alleged to be unlawfully at large after

conviction of such offence in any such country, may be arrested and

returned to that country as provided by this Act.

(1) The Minister may by order designate for the purposes

of article 6 any country with which an arrangement (including any

arrangement, decision, direction or other act of the European Union

made under or pursuant to the Treaty) exists or has been made,

whether before or after the commencement of this article, for the

return to such country of any fugitive criminal; and any country for

th e time being so designated is in th is Act referred to as a

designated foreign country

Provided that, until an order is made under this article

containing a provision to the contrary, the Republic of Italy and any

other country with which there is an arrangement as is referred to in

article 30 shall be treated as if an order designating it as a foreign

country had been made under this article.

(2) The Minister may by the same or any subsequent order

direct that this Act shall have effect in relation to the return of

persons to or from, or in relation to persons returned from, any

designated foreign country, subject to such conditions, exceptions,

adaptations or modifications as may be specified in the order.

(3) Subject to the provisions of this Act, every such order shall

either recite or embody the terms of the arrangement to which it

refers or shall contain a reference to the publication thereof in the

Gazette or to its presentation to the House of Representatives, and

shall not remain in force for any longer period than the

arrangement.

(4) Sub-article (3) shall not apply to any arrangement which is

in force immediately before the commencement of this article.

(5) For the purposes of this article "the Treaty" has the same

meaning as is assigned to it by the European Union Act.

* (1) For the purposes of this Act, an offence of which a

person is accused or has been convicted in a designated foreign

country is an extraditable offence in respect of that country if -

(a) it is an offence in respect of which a fugitive criminal

may be returned to that country in accordance with the

arrangement and is punishable under that law with

imprisonment for a term of twelve months or a greater

punishment; and

(b) the act or omission constituting the offence or the

equivalent act or omission, would constitute an

offence against the law of Malta if it took place within

Malta or, in the case of an extra-territorial offence, in

corresponding circumstances outside Malta.

(2) In determining for the purposes of this article whether an

offence falls within the requirements of sub-article (1)(a) and (b),

the description of the offence shall not be regarded as material if

the offences under the law of Malta and that of the requesting

country are substantially of the same nature.

Repealed by Act III. 2004.37.

PART IV

PROVISIONS APPLICABLE TO RETURN OF OFFENDERS TO ALL

COUNTRIES

† (1) A person shall not be returned under this Act to any

country, or committed to or kept in custody for the purposes of such

return, if it appears to the Minister or to the court of committal -

(a) that the offence of which that person is accused or was

convicted is an offence of a political character; or

(b) that the request for his return (though purporting to be

made on account of an extraditable offence) is in fact

made for the purpose of prosecuting or punishing him

on account of his race, place of origin, nationality,

political opinions, colour or creed; or

(c) that he might, if returned, be prejudiced at his trial or

punished, detained or restricted in his personal liberty

by reason of his race, place of origin, nationality,

political opinions, colour or creed.

(2) A person accused of an offence shall not be returned under

this Act to any country, or committed to or kept in custody for the

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

†For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

purpose of such return, if it appears as aforesaid that if charged

with that offence in Malta he would be entitled to be acquitted

under any rule of law relating to previous acquittal or conviction.

(3) A person shall not be returned under this Act to any

country, or committed to or kept in custody for the purposes of such

return, unless provision is made by the law of that country, or by an

arrangement made with that country, for securing that he will not,

unless he has first been restored or had an opportunity of returning

to Malta, be dealt with in that country for or in respect of any

offence committed before his return under this Act other than -

(a) the offence in respect of which his return under this

Act is requested;

(b) any lesser offence proved by the facts proved before

the court of committal; or

(c) any other offence being an extraditable offence in

respect of which the Minister may consent to his being

so dealt with.

(4) Any such arrangement as is mentioned in sub-article (3)

may be an arrangement made for the particular case or an

arrangement of a more general nature; and for the purpose of that

sub-article a certificate issued by or under the authority of the

Minister confirming the existence of an arrangement with any

country and stating its terms shall be conclusive evidence of the

matters contained in that certificate.

(5) For the purposes of this article, an offence against the life

or person of a head of state, or any related offence described in

article 5(3), shall not necessarily be deemed to be an offence of a

political character.

* (1) A person shall not be returned under this Act to any

country, or committed to or kept in custody for the purposes of such

return, if the Minister, in the exercise of any power conferred on or

reserved by the Government in or in respect of any arrangement,

has so directed.

(2) Without prejudice to the generality of the provision of sub-

article (1), the Minister may refuse to make an order under article

13 or article 21 in any of the following cases

(a) where the request is for a person unlawfully at large

after conviction and the punishment awarded is less

than four months imprisonment;

(b) where according to the law of the requesting country

the offence in respect of which the return is requested

is subject to the death penalty and the requesting

country has not given an assurance accepted as

sufficient by the Minister that the death penalty will

not be awarded or will, if awarded, not be carried out;

(c) where the request is for the return of a person

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

convicted of an offence in his absence and the

requesting country has not given an assurance

accepted as sufficient by the Minister that such person

will be granted a new trial if he so requests;

(d) if prosecution for the offence in respect of which

extradition is requested is barred by prescription either

according to the law of Malta or according to the law

of the requesting country;

(e) where the request is for a person who is in Malta

having been returned thereto as mentioned in article

25(1) and the Government is under an obligation not to

return such a person to another country;

(f)

if any amnesty has been granted in respect of the

offence for which the return is requested and the courts

of Malta had jurisdiction to try that offence;

(g) if the person whose extradition is requested is a citizen

of Malta.

* A person who has been accused of some offence within

Maltese jurisdiction, not being the offence for which his return is

asked, or is undergoing sentence under any conviction in Malta,

shall not be returned under this Act to any country, until after he

has been discharged whether by acquittal or on the expiration of his

sentence or otherwise.

(1) Subject to the provisions of this Act relating to

provisional warrants, a person shall not be dealt with under this Act

except in pursuance of an order of the Minister (in this Act referred

to as an authority to proceed) issued in pursuance of a request made

in writing to a Minister by or on behalf of the Government of the

designated Commonwealth country or of the designated foreign

country in which the person to be returned is accused or was

convicted.

(2) There shall be furnished with any request made for the

purposes of this article on behalf of any country -

(a) in the case of a person accused of an offence, a warrant

for his arrest issued in that country;

(b) in the case of a person unlawfully at large after

conviction of an offence, a certificate of the conviction

and sentence in that country, and a statement of the

amount if any of that sentence which has been served,

together, in each case, with -

(i)

particulars of the person whose return is

requested, including information sufficient to

establish his identity and nationality;

(ii) particulars of the facts upon which and the law

under which such person is accused or was

convicted, the legal description of the offence

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

and a copy of the relative enactments or (if this

is not practicable) a statement of the relevant

law; and

(iii) evidence sufficient to justify the issue of a

warrant for his arrest under article 14.

(3) On receipt of such a request, the Minister may issue an

order to proceed unless it appears to him that an order for the return

of the person concerned could not lawfully be made, or would not

in fact be made, in accordance with the provisions of this Act.

(1) A warrant for the arrest of a person accused of an

extraditable offence, or alleged to be unlawfully at large after

conviction of such an offence, may be issued by a magistrate -

(a) on the receipt of an authority to proceed; or

(b) without such authority, upon information that the said

person is, or is believed to be, in or on his way to

Malta,

and any warrant issued by virtue of paragraph (b) is in this Act

referred to as a provisional warrant.

(2) A warrant of arrest under this article may be issued upon

such evidence as would, in the opinion of the magistrate, authorise

the issue of a warrant for the arrest of a person accused of

committing a corresponding offence or, as the case may be, of a

person alleged to be unlawfully at large after conviction of an

offence within the jurisdiction of the Courts of Criminal Justice of

Malta.

(3) Where a provisional warrant is issued under this article, the

magistrate by whom it is issued shall forthwith give notice to the

Minister, and transmit to him the information and evidence, or

certified copies of the information and evidence, upon which it was

issued; and the Minister may in any case, and shall if he decides not

to issue an authority to proceed in respect of the person to whom

the warrant relates, by order cancel the warrant and, if that person

has been arrested thereunder, discharge him from custody.

(4) A warrant issued under this article shall be forthwith

executed by a Police officer.

(5) The provisions of articles 355E, 355F, 355I, 355AB, 355AC

and 357 of the Criminal Code shall apply mutatis mutandis to a

warrant of arrest and to a warrant of search issued for the purposes

of this Act.

* (1) A person arrested in pursuance of a warrant under

article 14 shall (unless previously discharged under sub-article (3)

of that article) be brought as soon as practicable and in any case not

later than forty-eight hours from his arrest before the Court of

Magistrates (Malta) as a court of criminal inquiry (in this Act

referred to as the court of committal) which shall have for the

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

purposes of proceedings under this article the same powers, as

nearly as may be, including power to remand in custody or on bail,

as the said court has when sitting as aforesaid.

(2) Where the person arrested is in custody by virtue of a

provisional warrant and no authority to proceed has been received

in respect of him, the court of committal may fix a reasonable

period (of which the court shall give notice to the Minister) after

which he will be discharged from custody unless such an authority

has been received.

(3) Where an authority to proceed has been issued in respect of

the person arrested and the court of committal is satisfied, after

hearing any evidence tendered in support of the request for the

return of that person or on behalf of that person, that the offence to

which the authority relates is an extraditable offence and it is

further satisfied -

(a) where the person is accused of the offence, that the

evidence would be sufficient to warrant his trial for

that offence if it had been committed within the

jurisdiction of the Courts of Criminal Justice of Malta;

(b) where the person is alleged to be unlawfully at large

after conviction of the offence, that he has been so

convicted and appears to be so at large,

the court shall, unless his committal is prohibited by any other

provision of this Act, commit him to custody to await his return

thereunder; but if the court is not so satisfied or if the committal of

that person is so prohibited, the court shall discharge him from

custody

Provided that notwithstanding any order discharging him

from custody such person shall remain in custody until the

expiration of three working days from any such order and, where an

appeal has been entered by the Attorney General, until the appeal is

disposed of or abandoned, or the Attorney General consents to the

release of such person.

(4) Where a person has been brought before a court of

committal as provided in sub-article (1), the provisions of article

401(1) of the Criminal Code shall apply as if the words "one

month" wherever they occur therein were substituted with the

words "two months" and as if the words "three months" in the

proviso thereto were substituted with the words "six months".

(5) 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. Where the person

arrested declares before the court of committal 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 shall commit him to

custody to await his return and all the provisions of this Act for his

extradition shall be deemed to be satisfied and the Minister shall

thereupon, notwithstanding any other provision of this Act but

saving the provisions of article 21(2) and (4) thereof, by warrant

order him to be returned to the requesting country. No appeal shall

lie from the decision of the court committing the person to custody

under the provisions of this sub-article

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.

Where a person is committed to custody under article 15,

the court shall, besides informing him that he will not be returned

until after the expiration of fifteen days from the date of its order of

committal and that, except in the case of a committal to custody to

await return under the provisions of article 15(5), he may appeal to

the Court of Criminal Appeal, also inform him that, if he thinks that

any of the provisions of article 10(1) and (2) has been contravened

or that any provision of the Constitution of Malta or of the

European Convention Act is, has been or is likely to be contravened

in relation to his person as to justify a reversal, annulment or

modification of the court’s order of committal, he has the right to

apply for redress in accordance with the provisions of article 46 of

the said Constitution or of the European Convention Act, as the

case may be.

(1) Any person remanded or committed for custody under

article 15 shall be committed to prison and shall be treated as a

person awaiting trial.

(2) Such person shall be deemed to be in legal custody from the

moment that he is so remanded or committed until he is beyond the

jurisdiction of the Courts of Criminal Justice of Malta.

(1) An appeal from an order committing a person to

custody under article 15 shall be made by an application to the

Court of Criminal Appeal, containing a demand for the reversal of

the court’s order, and shall be filed in the registry of the court of

committal not later than four working days from the date of the said

order.

(2) The Registrar of the court of committal shall, not later than

the first next working day, transmit the application, together with

the records of the case, to the Registrar of the Court of Criminal

Appeal, who shall, without delay, forward a copy of the application

to the Attorney General.

(3) Notice of the day fixed for the hearing of the appeal shall

be given by the Registrar of the Court of Criminal Appeal to the

appellant and to the Attorney General

Provided that, except with the consent of both the appellant

and the Attorney General, such hearing shall not take place before

the lapse of two working days after the said notice has been given.

(4) If the Court of Criminal Appeal reverses the decision of the

Court of Magistrates, the court shall order that the appellant be

discharged.

(1) Where the decision of the Court of Magistrates is such

that the return of the person requested cannot take place, the court

shall, within twenty-four hours, transmit to the Attorney General

the records of the case together with a copy of its decision, and the

Attorney General may, within three working days from the date of

the receipt of such record, appeal to the Court of Criminal Appeal

by an application, to be accompanied by the said record and by a

copy of the decision of the court of committal, filed in the Registry

of the Court of Criminal Appeal. A copy of the application shall be

served on the person whose return is requested.

(2) On any appeal under this article the provisions of article

18(3) shall mutatis mutandis apply and if the Court of Criminal

Appeal orders the committal to custody of the person whose return

is requested such order shall be treated, for all purposes other than

an appeal therefrom, as an order committing such person to

custody.

On an appeal made to the Court of Criminal Appeal or on

an application for redress to the Constitutional Court under article

46 of the Constitution of Malta, either of the said courts may,

without prejudice to any other jurisdiction, order the person

committed to be discharged from custody if it appears to such court

that -

(a) by reason of the trivial nature of the offence of which

he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to

have committed it or to have become unlawfully at

large, as the case may be; or

(c) because the accusation against him is not made in good

faith in the interest of justice,

it would, having regard to all the circumstances, be unjust or

oppressive to return him.

* (1) Where a person is committed to await his return and is

not discharged by order of the Court of Criminal Appeal or of any

other competent court, the Minister may by warrant order him to be

returned to the requesting country unless the return of that person is

prohibited, or prohibited for the time being, by article 10 or by

article 12, or the Minister decides under this article or under article

11 to make no such order in his case.

(2) A person shall not be returned to any country under this

Act -

(a) in any case, until the expiration of the period of fifteen

days beginning with the day on which the order for his

committal is made;

(b) if the person committed to custody is entitled to

institute any proceedings, whether of appeal or

otherwise, which may lead to the reversal, annulment

or modification of the court’s order of committal, and

the person committed has instituted such proceedings

or, if there is established by law or there has been fixed

by a court’s order or judgment a time-limit within

which such proceedings are to be instituted, until the

expiration of such time-limit;

(c) if any proceedings referred to in the last preceding

paragraph have been instituted, until the conclusion of

such proceedings

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

Provided that the proceedings shall be deemed to

have been concluded also if they have been withdrawn

or abandoned;

(d) if a the person committed to custody is accused or

undergoing sentence as provided in article 12, until he

has been discharged whether by acquittal or on the

expiration of his sentence or otherwise.

(3) The Minister shall not make an order under this article in

the case of any person, if it appears to the Minister, on the grounds

mentioned in article 20, that it would be unjust or oppressive to

return that person or if he considers, on any such grounds as are

mentioned in article 10(1), that the order ought not be made.

(4) The Minister may decide to make no order for the time

being under this article for the return of a person committed by the

court in consequence of a request made by any country if another

request for his return under this Act has been made by another

country and it appears to the Minister, having regard to all the

circumstances of the case and in particular -

(a) the relative seriousness of the offence in question;

(b) the date on which each such request was made; and

(c) the nationality or citizenship of the person concerned

and his ordinary residence,

that preference should be given to the other request.

(5) Notice of the issue of a warrant under this article shall

forthwith be given to the person to be returned thereunder.

* (1) In any proceedings under or for the purposes of this

Act in respect of a person in custody thereunder -

(a) a document, duly authenticated, which purports to set

out evidence given on oath in the requesting country

shall be admissible as evidence of the matters stated

therein;

(b) a document, duly authenticated, which purports to

have been received in evidence, or to be a copy of a

document so received, in any proceeding in any such

country shall be admissible as evidence;

(c) a document, duly authenticated, which certifies that a

person was convicted on a date specified in the

document of an offence against the law of, or of part

of, any such country shall be admissible as evidence of

the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticated for

the purpose of this article -

(a) in the case of a document purporting to set out

evidence given as aforesaid, if the document purports

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

to be certified by a judge or magistrate or officer in or

of that country to be the original document containing

or recording that testimony or a true copy of that

original document;

(b) in the case of a document that purports to have been

received in evidence as aforesaid or to be a copy of a

document so received, if the document purports to be

certified as aforesaid to have been, or to be a true copy

of a document which has been, so received;

(c) in the case of a document which certifies that a person

was convicted as aforesaid, if the document purports to

be certified as aforesaid,

and in any such case the document is authenticated either by the

oath of a witness or by the official seal of a Minister in or of the

requesting country.

(2A) Notwithstanding the provisions of sub-articles (1) and (2)

the Court may receive in evidence in proceedings under or for the

purposes of this Act any document not authenticated in accordance

with those provisions where the document is authenticated or

deemed to be authenticated in accordance with the provisions of

sub-articles (2B) and (2C).

(2B) In any proceedings under or for the purposes of this Act a

document issued in the requesting country may also be received in

evidence in proceedings under this Act if it is duly authenticated in

accordance with sub-article (2C).

(2C) A document shall be deemed to be duly authenticated if

(and only if) one of these applies -

(a) it purports to be signed by a judge, magistrate or

officer of the requesting country; or

(b) it purports to be certified, whether by seal or

otherwise, by the Ministry, department or other

authority responsible for justice or for foreign affairs

of the requesting country; or

(c) it purports to be authenticated by the oath, declaration

or affirmation of a witness.

(2D) Any document which is to be sent in connection with

proceedings under this Act, may be transmitted by any secure

means capable of producing written records and under conditions

permitting the ascertainment of its authenticity.

(3) It shall be lawful for the Commissioner of Police or for the

Attorney General as the case may be, as well as for the person the

return of whom is requested, to produce evidence before the Court

of Criminal Appeal even though such evidence shall not have been

produced before the court of committal.

(4) In this article, "oath" includes affirmation or declaration;

and nothing in this article shall be construed as prejudicing the

admission in evidence of any document which is admissible in

evidence apart from this article.

* (1) The Minister may, through the Commissioner of

Police, seize and hand over to the requesting country any property -

(a) which may be required as evidence in that country; or

(b) which has been acquired as a result of the offence and

which, at the time of the arrest of the person whose

return is requested, is found in the possession of such

person or is discovered subsequently.

(2) The property referred to in sub-article (1) may be handed

over to the requesting country even if extradition, having been

agreed to, cannot be carried out owing to the death or escape of the

person whose return is requested.

(3) When the said property is liable to seizure or confiscation

in Malta, the Minister may, in connection with proceedings that are

pending or with proceedings about to be taken, temporarily retain

such property or hand it over to the requesting country on condition

that it be returned.

(1) If any person committed to await his return is in

custody in Malt a und er t his A ct after the ex piratio n of th e

following period, that is to say -

(a) in any case, the period of two months beginning with

the first day on which, having regard to article 21(2),

he could have been returned;

(b) where a warrant for his return has been issued under

article 21, the period of one month beginning with the

day on which that warrant was issued,

he may apply to the Court of Criminal Appeal, sitting as a Court of

Appeal from judgments of the Court of Magistrates for his

discharge.

(2) If upon any such application the court is satisfied that

reasonable notice of the proposed application has been given to the

Minister, the court may, unless sufficient cause is shown to the

contrary, by order direct the applicant to be discharged from

custody, and, if a warrant for his return has been issued under the

said article 21, quash that warrant.

(1) The Commissioner of Police may authorize transit

through Malta of a person who is being surrendered to any country

provided that the following information is furnished

(a) the identity and nationality of the person against whom

the request has been issued;

(b) the existence of a warrant for the arrest and surrender

of that person;

(c) the nature and legal classification of any offence on

which the warrant for the arrest and surrender of the

requested person is based;

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

(d) the description of the circumstances of any offence,

including the date and place of such offence

Provided that transit may be refused if the person being

surrendered is a national or permanent resident of Malta and the

surrender is being made for the purpose of execution of a sentence

of imprisonment or another form of detention.

(2) The information in sub-article (1) may be transmitted to the

Commissioner of Police by any means capable of producing a

written record.

(3) When the transport of the surrendered person is to take

place by air, it will only be necessary to provide the Commissioner

of Police with the information required in sub-article (1) in the

event that an unscheduled landing occurs.

(4) A person being conveyed through Malta in the course of his

extradition or removal as a convicted prisoner from one country to

another shall be kept in custody during the period of transit.

PART V

TREATMENT OF PERSONS RETURNED TO MALTA

* (1) This article applies to any person accused or convicted

of an offence under the law of Malta who is returned to Malta from

any designated Commonwealth country or designated foreign

country under any law of that country corresponding with this Act.

(2) A person to whom this article applies shall not, during the

period described in sub-article (3), be dealt with in Malta for or in

respect of any offence committed before he was returned to Malta

other than -

(a) the offence in respect of which he was returned;

(b) any lesser offence proved by the facts proved for the

purposes of securing his return; or

(c) any other offence in respect of which the country from

which he is returned may consent to his being dealt

with.

(3) The period referred to in sub-article (2) in relation to a

person to whom this article applies is the period beginning with the

date of his arrival in Malta on his return as mentioned in sub-article

(1) and ending forty-five days after the first subsequent day on

which he had the opportunity to leave Malta.

(4) The provisions of article 541 of the Criminal Code shall not

apply in relation to a person to whom this article applies if the

institution or continuation of criminal proceedings against him is

precluded by the operation of the foregoing provisions of this

article.

*For the applicability of this article to the Republic of Tunisia and the United States of

America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.

(1) This article applies to any person accused of an

offence under the law of Malta who is returned to Malta as

mentioned in article 25(1).

(2) If, in the case of a person to whom this article applies,

either -

(a) proceedings against him for the offence for which he

was returned or for an offence for which he may be

dealt with in accordance with article 25(2)(b) or (c) are

not begun within the period of three months beginning

with the day of his arrival in Malta on being returned;

or

(b) on his trial for that offence, he is acquitted, or he is

discharged absolutely or conditionally under the

provisions of the Probation Act,

the Minister may, if he thinks fit, on the request of that person,

arrange for him to be sent back free of charge and with as little

delay as possible to the country from which he was returned.

PART VI

SURRENDER OF OFFENDERS

TO THE INTERNATIONAL CRIMINAL COURT

Only the provisions of this Part, save where otherwise

expressly indicated, shall apply to requests from the ICC for the

arrest and surrender of a person alleged to have committed an ICC

crime, or to have been convicted by the ICC.

(1) In this Part, unless the context otherwise requires -

''delivery order'' has the same meaning assigned to it by sub-

article 26E;

''ICC crime'' means a crime (other than the crime of aggression)

over which the ICC has jurisdiction in accordance with the ICC

Treaty the relevant articles of which are reproduced in the First

Schedule to the International Criminal Court Act;

''the ICC'' means the International Criminal Court established by

the ICC Treaty;

''the ICC Treaty'' means the Statute of the International Criminal

Court, done at Rome on the 17th July, 1998;

''the Minister'' means the Minister responsible for Justice.

(2) Words and phrases used in this part and used also in the

ICC Treaty shall have the same meaning assigned to them in the

said ICC Treaty.

(1) Where the Minister receives a request from the ICC

for the arrest and surrender of a person alleged to have committed

an ICC crime, or to have been convicted by the ICC, he shall

transmit the request and the documents accompanying it to the

Attorney General.

(2) If the request is accompanied by a warrant of arrest and the

Attorney General is satisfied that the warrant appears to have been

issued by the ICC, he shall apply to a Magistrate to authorise the

execution of the warrant. The Magistrate shall authorise such

execution where he is satisfied that the warrant purports to have

been issued by the ICC.

(3) If in the case of a person convicted by the ICC the request

is not accompanied by a warrant of arrest, but is accompanied by -

(a) a copy of the judgment of conviction,

(b) information to demonstrate that the person sought is

the one referred to in the judgment of conviction, and

(c) where the person sought has been sentenced, a copy of

the sentence imposed and a statement of any time

already served and the time remaining to be served,

the Attorney General shall apply to a Magistrate for the issue of a

warrant for the arrest of the person to whom the request relates and

shall attach the documentation and information referred to in this

sub-article.

(4) The Magistrate shall issue the warrant where he is satisfied

that it appears that the person sought has been convicted by the ICC

and that the documentation and information referred to in this

article has been produced.

(5) The provisions of sub-article (4) and of the articles referred

to in article 14(5) shall apply to a warrant issued under this Part.

(1) Where the Minister receives from the ICC a request

for the provisional arrest of a person alleged to have committed an

ICC crime or to have been convicted by the ICC he shall transmit

the request and the documents accompanying it to the Attorney

General.

(2) Upon an application by the Attorney General stating that he

has reason to believe -

(a) that a request has been made by the ICC for the arrest

of a person, and

(b) that the person is in, or on his way to, Malta,

a Magistrate shall issue a warrant for the arrest of that person and

shall notify the Minister of the issue of the warrant.

(1) The provisions of article 15(1), other than the

reference therein to article 14(3), shall mutatis mutandis apply to a

person arrested under a provisional warrant under this Part.

(2) If an arrest warrant issued under article 26C is produced to

the court in respect of the person brought before it, the court shall

proceed as if he had been arrested under that warrant. If no such

warrant is produced the court shall remand him pending the

production of such a warrant.

(3)

The Minister may make regulations specifying -

(a) the period for which a person may be so remanded at

any time, and

(b) the total period for which a person may be so

remanded,

having regard to the time limits specified in Rules of Evidence and

Procedure for the purposes of Article 92.3 of the ICC Treaty.

(4) If at any time when the person is remanded as aforesaid

there is produced to the court a warrant issued under article 26C in

respect of him -

(a) the court shall terminate the period of remand, and

(b) he shall be treated as if arrested under that warrant -

(i)

if he was remanded in custody, at the time the

warrant was produced to the court;

(ii) if he was remanded on bail, when he surrenders

to his bail.

(5) If no such warrant is produced to the court before the end of

the period of remand (including any extension of that period), the

court shall discharge him.

(6) The fact that a person has been discharged under this article

does not prevent his subsequent arrest under a warrant issued under

article 26C.

(1) The provisions of article 26E(1) shall apply to a

person arrested under a warrant issued under article 26C.

(2)

If the court is satisfied -

26C. (a) that the warrant -

(i) is a warrant of the ICC, or

(ii) has been duly issued under article 26C(3), and

(b) that the person brought before the court is the person

named or described in the warrant,

it shall make a delivery order.

(3)

A ''delivery order'' is an order that the person be delivered

up -

(a) into the custody of the ICC, or

(b) if the ICC so directs in the case of a person convicted

by the ICC, into the custody of the state of

enforcement,

in accordance with arrangements made by the Minister.

(4) In the case of a person alleged to have committed an ICC

crime, the court may adjourn the proceedings pending the outcome

of any challenge before the ICC to the admissibility of the case or

to the jurisdiction of the ICC.

(5) In deciding to make a delivery order the court is not

concerned to enquire -

(a) whether any warrant issued by the ICC was duly

issued, or

(b) in the case of a person alleged to have committed an

ICC crime, whether there is evidence to justify his trial

for the offence he is alleged to have committed.

(1) When a person arrested under this Part is brought

before the court that person may consent to being delivered up into

the custody of the ICC or, in the case of a person convicted by the

ICC, of the state of enforcement. Such consent is referred to in this

Part as ''consent to surrender''.

(2) When the person arrested gives his consent to surrender, the

court, upon being satisfied of the voluntariness of the consent, shall

make a delivery order and all the provisions of this Part for that

person’s surrender shall be deemed to be satisfied.

(3) No appeal shall lie from a delivery order made under this

article.

Proceedings where court refuses delivery order

(1) Where the court refuses to make a delivery order it

shall nevertheless make an order remanding the person arrested

into custody and that person shall remain in custody as provided in

the proviso to article 15(3).

(2) The court shall notify the Minister of its decision not to

make a delivery order and of the grounds for it.

Where the court refuses to make a delivery order the

provisions of article 19 shall mutatis mutandis apply and if the

Court of Criminal Appeal allows the appeal it shall make a delivery

order which shall be treated, for all purposes other than an appeal

therefrom, as an order committing to custody the person to be

delivered up.

Proceedings where court makes delivery order

(1) Where the court makes a delivery order in respect of a

person, the court shall -

(a) commit the person to custody to await the Minister’s

directions as to the execution of the order,

(b) notify the Minister of its decision.

(2) Saving the provisions of article 26K, the provisions of

articles 16 and 17 shall mutatis mutandis apply to a person

committed to custody under this article.

Saving the provisions of article 26L, the person to be

delivered up following a delivery order may appeal from the order

to the Court of Criminal Appeal and the provisions of article 18

shall mutatis mutandis apply to the appeal.

(1) A person in respect of whom a delivery order has

been made may waive his right of appeal and his right to apply for

redress under the Constitution and any other right to apply for

review of the lawfulness of his arrest and detention.

(2)

Where a person has waived his rights as provided in sub-

article (1), the court shall satisfy itself of the voluntariness of the

waiver whereupon the delivery order shall be taken for all purposes

of law to be validly made.

(1) A delivery order is sufficient authority for any person

acting in accordance with the directions of the Minister to receive

the person to whom the order relates, keep him in custody and

convey him to the place where he is to be delivered up into the

c us t o dy o f t he I C C ( or, a s th e c a s e m a y b e , of t h e st a t e of

enforcement) in accordance with arrangements made by the

Minister.

(2) If a person in respect of whom a delivery order is in force

escapes or is unlawfully at large, he may be arrested by the Police

without warrant and taken to any place where or to which, by virtue

of this Part, he is required to be or to be taken.

(3) The provisions of article 21(2) shall mutatis mutandis apply

to any person in respect of whom a delivery order was made.

Bail, discharge, transit and unscheduled landing

(1) Where an application for bail is made in proceedings

under this Part -

(a) the court shall notify the Minister of the application,

(b) the Minister shall consult with the ICC, and

(c) bail shall not be granted without full consideration of

any recommendations made by the ICC.

(2) In considering any application for bail under this article the

court shall consider -

(a) whether, given the gravity of the offence or offences

which the person is alleged to have committed or, as

the case may be, of which he has been convicted by the

ICC, there are urgent and exceptional circumstances

justifying release on bail, and

(b) whether any necessary measures have been or will be

taken to secure that the person will surrender to

custody in accordance with the terms of his bail.

(1) If the person in respect of whom a delivery order has

been made is not delivered up under the order within the period of

two months beginning with the first day on which, having regard to

the provisions of article 26M(3) of this Act, he could have been

returned he may apply to the Court of Criminal Appeal, sitting as a

court of appeal from judgments of the Court of Magistrates, for his

discharge.

(2) Upon such application the provisions of article 24(2) shall

mutatis mutandis apply sohowever that the reference to the warrant

under that sub-article shall be construed as a reference to the

delivery order.

Where the ICC informs the Minister that a person arrested

under this Part is no longer required to be surrendered -

(a) the Minister shall notify the Attorney General of that

fact, and

(b) the Attorney General shall, on receipt of the

notification, apply to the court for an order discharging

the person arrested.

(1) This article applies where the Minister receives a

request from the ICC for transit of a person being surrendered by

another state.

(2)

If the Minister accedes to the request -

(a) the request shall be treated for the purposes of this Part

as if it were a request for that person's arrest and

surrender,

(b) the execution of the warrant accompanying the request

shall be deemed to have been authorised under article

26C(2), and

(c) the person to whom the request relates shall, subject to

the provisions of this article, be treated on arrival in

Malta as if he had been arrested under that warrant.

(3)

In relation to a case where this article applies -

(a) it shall be incumbent upon the court before whom the

person to whom the request relates is produced in

pursuance of the provisions of article 26F(2)(a)(i) to

ascertain that the Minister has acceded to the request

for transit; and

(b) article 16 to which reference is made in article 26J(2)

shall have effect as if the reference to fifteen days

were a reference to two working days.

(4)

A person in transit under this article shall not be granted

(1) If a person being surrendered by another state makes

an unscheduled landing in Malta, he may be arrested by the Police

without warrant whereupon the provisions of article 15(1), other

than the reference therein to article 14(3) and subject to the

provisions of this article, shall mutatis mutandis apply.

(2)

The court shall remand him in custody pending -

(a) receipt by the Minister of a request from the ICC for

his transit, and

(b) the Minister’s decision whether to accede to the

request.

(3) If no such request is received by the Minister before the end

ninety-six hours beginning with the time of the arrested person’s

unscheduled landing -

(a) the Minister shall forthwith notify the court of that

fact, and

(b) the court shall, on receipt of the notification, discharge

the arrested person.

(4) If the Minister receives such a request before the end of that

period, he shall notify the court without delay of his decision

whether to accede to the request.

(5) If the Minister notifies the court that he has decided to

accede to the request -

(a) the court shall, on receipt of the notification, terminate

the period of remand, and

(b) the provisions of article 26Q shall apply with the

substitution for the reference to the time of arrival in

Malta in sub-article (2)(c) thereof of a reference to the

time of notification to the court under this sub-article.

(6) If the Minister notifies the court that he has decided not to

accede to the request, the court shall, on receipt of the notification,

discharge the arrested person.

Supplementary provisions

(1) Any state or diplomatic immunity attaching to a

person by reason of a connection with a state party to the ICC

Treaty does not prevent proceedings under this Part in relation to

that person.

(2)

Where -

(a) state or diplomatic immunity attaches to a person by

reason of a connection with a state other than a state

party to the ICC Treaty, and

(b) waiver of that immunity is obtained by the ICC in

relation to a request for that person’s surrender,

the waiver shall be treated as extending to proceedings under this

Part in connection with that request.

(3)

A certificate by the Minister -

(a) that a state is or is not a party to the ICC Treaty, or

(b) that there has been such a waiver as is mentioned in

sub-article (2),

is conclusive evidence of that fact for the purposes of this Part.

(4) The Minister may in any particular case, after consultation

with the ICC and the state concerned, direct that proceedings (or

further proceedings) under this Part which, but for sub-article (1) or

(2), would be prevented by state or diplomatic immunity attaching

to a person shall not be taken against that person.

(5) The power to make regulations conferred by article 3(1) of

the National Interest (Enabling Powers) Act includes the power to

make in relation to any proceedings such provision corresponding

to the provision made by this article in relation to the proceedings,

but with the omission -

(a) in sub-article (1), of the words ''by reason of a

connection with a state party to the ICC Treaty'', and

(b) of sub-articles (2) and (3),

as it appears to the Prime Minister to be necessary or expedient in

consequence of such a referral as is mentioned in article 13(b)

(referral by the United Nations Security Council).

(6) In this article ''state or diplomatic immunity'' means any

privilege or immunity attaching to a person, by reason of the status

of that person or another as head of state, or as representative,

official or agent of a state, under -

(a) the Diplomatic Immunities and Privileges Act, the

Consular Conventions Act, the European Communities

(Establishment of Delegation) Act, the Membership of

International Financial Organisations Act,

(b) any other legislative provision made for the purpose of

implementing an international obligation, or

(c) any rule of law derived from customary international

law.

The Minister may make regulations for the better carrying

into effect the provisions of this part and without prejudice to the

generality of the aforesaid may by such regulations make provision

in respect of cases where he receives a request for the arrest or

surrender, or provisional arrest, of a person -

(a) against whom criminal proceedings are pending or in

progress before a court in Malta, or who has been dealt

with in such proceedings, or

(b) against whom extradition proceedings are pending or

in progress in Malta, or in respect of whom a warrant

or order has been made in such proceedings.

(1) For the purposes of this Part the copy of a warrant

issued by the ICC that is transmitted to the Secretary of State

Minister shall be treated as if it were the original warrant.

(2)

Where facsimile transmission is used -

(a) for the making of a request by the ICC or the

transmission of any supporting documents, or

(b) for the transmission of any document in consequence

of such a request,

this Part applies as if the documents so sent were the originals of

the documents so transmitted and shall be receivable and

admissible in evidence accordingly.

(3) Where the ICC amends a warrant of arrest, the provisions of

this Part apply to the amended warrant as if it were a new warrant;

sohowever that this does not affect the validity of anything done in

reliance on the old warrant.

PART VII

MISCELLANEOUS

Any document which is to be produced in connection with

a request for the return of a person according to the provisions of

the Act shall be in either the Maltese or the English language, and,

when any such document is in neither of these languages, the

Minister may ask for its translation into the English language.

The Minister may by regulations prescribe the form of any

warrant or order to be issued or made under the provisions of this

Act.

(1) Where an arrangement has been made with any

country with respect to the removal of a person serving a sentence

of imprisonment in Malta or in any such other country, from or to

Malta or such other country, or otherwise with respect to the

enforcement in one country of any punishment imposed or awarded

in another, the Minister may make an order to give effect to such an

arrange me nt, subject t o any exc ept io ns, m od ifi cati o ns and

qualifications made in the order or in any subsequent order, and any

such order may contain such provision as the Minister may deem

appropriate in the circumstances, including the application, with

any appropriate modifications, of any of the provisions of this Act

or of any other enactment.

(2) In this article the term "arrangement" has the same meaning

in relation to the matters mentioned in sub-article (1) as it has in

other provisions of this Act in relation to the return of fugitive

criminals.

Any arrangement with a foreign state applicable to Malta

under the provisions of the Acts of Parliament of the United

Kingdom entitled the Extradition Acts 1870 to 1932 * , on the day

immediately preceding the date of the commencement of this Act,

shall, subject to the other provisions of this Act, continue so to

apply until it is revoked.

(1) This article applies if the Minister believes that-

(a) arrangements have been made or are applicable

between Malta and another country for the extradition

of a person to that country; and

(b) the country is not a designated Commonwealth country

or a designated foreign country.

(2) The Minister may certify that the conditions in sub-article

(1)(a) and (b) are satisfied in relation to the extradition of the

person.

(3) If the Minister issues a certificate under sub-article (2), this

Act applies in respect of the person's extradition to the other

country as if that country were a designated foreign country.

(4)

As applied by sub-article (3), this Act has effect with any

*Repealed by article 30(1) of the Act as originally enacted, which sub-article has been

omitted under the Statute Law Revision Act, 1980.

other modifications specified in the certificate.

(5) A certificate under sub-article (2) in relation to a person is

conclusive evidence that the conditions in sub-article (1)(a) and (b)

are satisfied in relation to the person's extradition.

(1) The offences referred to in article 5(1)(e) and (g) of

the Criminal Code shall be deemed to have been included as

extraditable offences in all extradition treaties made by Malta (or

are applicable to Malta) with Convention countries and which

extend to, and are binding on, Malta on the date of the coming into

force of the Security Service Act.

(2) Where this Act does not apply in the case of any state which

is a party to the ''Internationally Protected Persons Convention'' and

the ''Taking of Hostages Convention'', the Minister may by order

under articles 4 and 7 designate such country as a Commonwealth

country under the said article 4 or as a foreign country under article

7, as the case may be and such order shall for the purposes of the

said article 7 be deemed to be an arrangement as is mentioned in

that article.

(3) When this Act applies to any state by virtue only of an

order made under sub-article (2) no application for extradition by

that state shall relate to any extradition crimes within the meaning

of this Act except offences deemed to be included in the list of

extradition crimes pursuant to sub-article (1).

(4) For the purposes of this Act, any act, wherever committed,

which is an offence mentioned under this Act and an offence

against the law of any state in the case of which that Act is applied

by an order under sub-article (2) shall be deemed to be an offence

committed within the jurisdiction of that state.

(5)

In this article

"Co nventi on co untries" m ean s those cou ntries whi ch are

contracting parties to the Suppression of Terrorism Convention, the

Internationally Protected Persons Convention and to the Taking of

Hostages Convention;

"Internationally Protected Persons Convention" means the

Convention on the Prevention and Punishment of Crimes against

Internationally Protected Persons adopted by the United Nations

General Assembly in 1973;

"Suppression of Terrorism Convention" means the European

Convention on the Suppression of Terrorism done at Strasbourg on

the 27th January, 1977;

"Taking of Hostages Convention" means the International

Convention against the Taking of Hostages opened for signature at

New York on the 18th December, 1979.

(1) The offences referred to in articles 115 to 121B of the

Criminal Code shall be deemed to have been included as

extraditable offences in all extradition treaties made by Malta (or

are applicable to Malta) with Convention countries and which

extend to, and are binding on, Malta on the date of the coming into

force for Malta of the Convention.

(2) Where this Act does not apply in the case of any state which

is a party to the "Criminal Law Convention on Corruption" the

provisions of article 31(2) and (3) shall mutatis mutandis apply to

any such country sohowever that the reference to "sub-article (1)"

in the said sub-article (3) shall be read and construed as a reference

to sub-article (1) of this article.

(3)

In this article

"Conven tion count ries" m eans tho se count ries wh ich are

contracting parties to the Convention;

"the Convention" means the Criminal Law Convention on

Corruption done at Strasbourg on the 27th January 1999.