Extradition (Designated Foreign Countries) Order, 2004

L.N. 320 of 2004

EXTRADITION ACT

(CAP. 276)

Extradition (Designated Foreign Countries) Order, 2004

IN exercise of the powers conferred by article 7 of the Extradition

Act, the Deputy Prime Minister and Minister for Justice and Home

Affairs has made the following order: -

PART I

General

This Order may be cited as the Extradition (Designated Foreign Citation and

commencement.

Countries) Order, 2004, and it shall come into force on the 7th June,

2004, hreinafter in this Order referred to as “the relevant date”.

Austria

Belgium

Denmark

Finland

France

Ireland

Lithuania

Luxembourg

Poland

Portugal

Slovenia

Spain

Sweden

The Netherlands (except for Antilles or Aruba)

United Kingdom

In this Order, unless the context otherwise requires –

“the Arrangement” means the Council Framework Decision Definitions.

of the 13 th June, 2002 on the European arrest warrant and the

surrender procedures between Member States done at Luxembourg

on the 13 th June, 2002, adopted pursuant to Title VI of the Treaty,

the terms of which are set out in the relative arrangement published

in the Government Gazette dated the 1 st June, 2004;

“the extradition hearing” is the hearing in which the court is

to decide whether a person in respect of whom a warrant as is

referred to in article 5(2) was issued is to be returned to the

scheduled country in which the warrant was issued;

“the Minister” means the Minister responsible for justice;

“Part II warrant” means a warrant referred to in article 5;

“Part III warrant” means a warrant referred to in article 62;

“the relevant Act” means the Extradition Act;

“the relevant date” shall have the same meaning assigned to

it by article 1 of this Order;

“relevant arrest warrant for prosecution” shall have the same

meaning assigned to it by article 5(3);

“relevant arrest warrant after conviction” shall have the same

meaning assigned to it by article 5(6);

“requesting country” shall have the same meaning assigned

to it by article 6;

“scheduled conduct” is a conduct in the list of conduct set out

in Schedule 2;

“scheduled country” means a country listed in Schedule 1;

“the Treaty” has the same meaning as is assigned to it by the

European Union Act, 2003.

Participation in a criminal organisation.

Terrorism.

Trafficking in human beings.

Sexual exploitation of children and child pornography.

Illicit trafficking in narcotic drugs and psychotropic substances.

Illicit trafficking in weapons, munitions and explosives.

Corruption.

Fraud, including that affecting the financial interests of the European

Communities within the meaning of the Convention of 26 July 1995 on the

protection of the European Communities’ financial interests.

Laundering of the proceeds of crime.

Counterfeiting currency, including of the euro.

Computer-related crime.

Environmental crime, including illicit trafficking in endangered animal

species and in endangered plant species and varieties.

Facilitation of unauthorised entry and residence.

Murder, grievous bodily injury.

Illicit trade in human organs and tissue.

Kidnapping, illegal restraint and hostage-taking.

Racism and xenophobia.

Organised or armed robbery.

Illicit trafficking in cultural goods, including antiques and works of art.

20 Swindling.

Racketeering and extortion.

Counterfeiting and piracy of products.

Forgery of administrative documents and trafficking therein.

Forgery of means of payment.

Illicit trafficking in hormonal substances and other growth promoters.

Illicit trafficking in nuclear or radioactive materials.

Trafficking in stolen vehicles.

Rape.

29 Arson.

Crimes within the jurisdiction of the International Criminal Court.

Unlawful seizure of aircraft/ships.

32 Sabotage.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

(1) Only the provisions of this Order, save where otherwise

expressly indicated, shall apply to requests received or made by Malta

on or after the relevant date for the return of a fugitive criminal to or

from a scheduled country, or to persons returned to Malta from a

scheduled country in pursuance of a request made under this Order, and

the provisions of the relevant Act shall have effect in relation to the

return under this Order of persons to, or in relation to persons returned

under this Order from, any scheduled country subject to such conditions,

exceptions, adaptations or modifications as are specified in this Order.

(2) The relevant Act and any applicable Order in force before

the relevant date shall continue to apply to requests for the return of a

fugitive criminal to a scheduled country pending in Malta on the relevant

date and to requests made by Malta to a scheduled country before the

relevant date, and any arrangement applicable between that country

and Malta before the relevant date shall also continue to apply to those

requests.

(3) Where a scheduled country has, in terms of the

Arrangement, given notice that as the requested country the legislation

in force before its legislation implementing the provisions of the

Arrangement applies to acts committed before a date specified by it,

the relevant Act and any applicable Order in force before the relevant

date shall continue to apply to those acts and any arrangement applicable

between that country and Malta before the relevant date shall also

continue to apply thereto.

(1) Subject to the provisions of article 3, those countries listed Scheduled

countries.

in the Schedule to this Order are hereby being designated as foreign

countries for the purposes of article 7 of the relevant Act in respect of

requests for the return of fugitive criminals from or to a scheduled

country received or made by Malta on or after the relevant date and any

arrangement with any such country, other than the Arrangement,

applicable to Malta before the relevant date shall, in respect of such

requests, be deemed to have been revoked with effect from the relevant

date.

(2) Subject to the provisions of article 3, the provisions of the

Extradition (Designated Foreign Countries) Order (No.2), 1996, of the L.N. 131 of 1996.

Extraditon (Designated Foreign Countries) Order, 2001 and those of L.N.

L.N. 32 of 2001.

The European Convention on Extradition (Fiscal Offences) Order, 2001

in so far as applicable to any scheduled country before the relevant date

shall with effect from the relevant date no longer apply to any such

country in respect of requests for the return of fugitive criminals from

or to a scheduled country received or made by Malta after the relevant

date.

PART II

Extradition to scheduled countries

(1) The provisions of this Part apply to any arrest warrant Warrants.

as is referred to in sub-article (2).

(2) The reference to any arrest warrant in sub-article (1) is

a reference to a relevant arrest warrant for prosecution or a relevant

arrest warrant after conviction.

(3) A relevant arrest warrant for prosecution is a warrant issued

by a judicial authority of a scheduled country and which contains –

(a)

the statement referred to in sub-article (4), and

(b) the information referred to in sub-article (5).

(4) The statement is one that-

(a) the person in respect of whom the warrant is issued is

accused in the scheduled country of the commission of an offence

specified in the warrant, and

(b) the warrant is issued with a view to his arrest and

extradition to the scheduled country for the purpose of being

prosecuted for the offence.

(5) The information is-

(a) to the extent applicable, the particulars mentioned in

paragraphs (i) and (ii) of article 13(2) (b) of the relevant Act;

(b) particulars of any other warrant issued in the requesting

country for the person’s arrest in respect of the offence;

(c) particulars of the sentence which may be imposed under

the law of the requesting country in respect of the offence if the

person is convicted of it.

(6) A relevant arrest warrant after conviction is a warrant issued

by a judicial authority of a scheduled country and which contains –

(a)

the statement referred to in sub-article (7) and

(b) the information referred to in sub-article (8).

(7) The statement is one that-

(a) the person in respect of whom the warrant is issued is

alleged to be unlawfully at large after conviction of an offence

specified in the warrant by a court in the scheduled country, and

(b) the warrant is issued with a view to his arrest and

extradition to the scheduled country for the purpose of being

sentenced for the offence or of serving a sentence of imprisonment

or another form of detention imposed in respect of the offence.

(8) The information is-

(a) to the extent applicable, the particulars mentioned in sub-

paragraphs (i) and (ii) of article 13(2) (b) of the relevant Act;

(b) particulars of the conviction;

(c) particulars of any other warrant issued in the requesting

country for the person’s arrest in respect of the offence;

(d) particulars of the sentence which may be imposed under

the law of the requesting country in respect of the offence, if the

person has not been sentenced for the offence;

(e) particulars of the sentence which has been imposed under

the law of the requesting country in respect of the offence, if the

person has been sentenced for the offence.

A Part II warrant shall be deemed to be a request for the return Requests

of a fugitive

of a fugitive criminal by the scheduled country where the warrant was criminal.

issued and, unless the context otherwise requires that country shall be

deemed to be a “requesting country” within the meaning of this Order

and of the relevant Act.

The Attorney General may, in his own individual judgement, Certificate by

Attorney General.

issue a certificate to the effect that the authority which issued a Part II

warrant has the function of issuing arrest warrants in the requesting

country and such certificate shall be conclusive of its contents.

Arrest

(1) Where a certificate has been issued by the Attorney Arrest after issue

of certificate.

General under article 7 of this Order this article shall apply.

(2) Without the need of any further authority under the

relevant Act other than the authority conferred by this article the warrant

may be executed by a police officer not below the rank of Inspector

even if neither the warrant nor a copy of it is in the possession of the

person executing it at the time of the arrest.

(3) A copy of the warrant must be given to the person

arrested as soon as practicable after his arrest.

(4) The provisions of article 15(1) of the relevant Act shall

apply to the person arrested under this article.

(5) If sub-article (3) of this article is not complied with and

the person arrested applies to the court to be discharged the court may

order his discharge.

(6) If sub-article (4) is not complied with and the person

arrested applies to the court to be discharged, the court must order his

discharge.

(7) A person arrested under the warrant must be treated as

continuing in legal custody until he is brought before the court under

sub-article (4) or he is discharged under sub-articles (5) or (6).

(1) A provisional 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 as provided

in articles 14(1) and 14(2) of the relevant Act and such warrant shall be

forthwith executed by a Police officer.

(2) The provisions of article 15(1) of the relevant Act shall

apply to the person arrested under this article.

(3) At the initial hearing upon the person arrested under a

provisional warrant being brought before the court as provided in sub-

article (2) the following documents must be produced

(a)

a Part II warrant;

(b) a certificate under article 7 in respect of the warrant.

(4) If sub-article (2) or sub-article (3) are not complied with

and the person applies to be discharged, the court must order his

discharge.

(5) The person must be treated as continuing in legal custody

until he is brought before the court under sub-article (2) or he is

discharged under sub-article (4).

The initial hearing

(1) This article applies if-

(a) a person arrested by virtue of a warrant mentioned in

article 5 is brought before the court under article 8(4), or

(b) a person is arrested under article 9 and article 9(3) is

complied with.

(2) The court must decide whether the person brought before

it is the person in respect of whom-

(a)

the warrant referred to in sub-article (1)(a) was issued,

(b) the warrant referred to in article 9(3) was issued.

(3) The court must decide the question in sub-article (2) on

a balance of probabilities.

(4) If the court decides the question in sub-article (2) in the

Date of extradition

negative it must order the person’s discharge.

hearing etc.

(5) If the court decides that question in the affirmative it

must proceed under article 11.

(1)

If the court is required to proceed under this article it

(a) fix a date on which the extradition hearing is to begin,

which date must be not later than twenty days from the date of the

initial hearing;

(b) inform the person of the contents of the warrant

referred to in article 5;

(c) give the person the required information about

consent.

(2) The required information about consent is -

(a) that the person may consent to his return to the scheduled

country in which the warrant was issued;

(b) that upon his consent to his return the provisions of article

15(5) of the relevant Act shall apply;

(c) an explanation of the procedure that will apply if he gives

his consent;

(d) that consent must be given before the court and is

irrevocable.

The extradition hearing

(1) Where a person in respect of whom a warrant as is Decision on

whether offence is

referred to in article 5(2) has been issued is brought before the court for an extraditable

offence.

the extradition hearing the following provisions shall apply.

(2) The court must decide whether the offence specified in

the warrant is an extraditable offence.

(3) If the court decides the question in sub-article (2) in the

negative it must order the person’s discharge.

(4) If the court decides that question in the affirmative it

must proceed under article 13.

(1) If the court is required to proceed under this article it

must decide whether the person’s return to the scheduled country is

prohibited by reason of-

(a)

the rule of ne bis in idem;

(b) extraneous considerations;

(c)

prescription or lapse of time;

(d) the person’s age;

(e) speciality;

(f) the person’s earlier extradition to Malta from another

scheduled country;

(g) the person’s earlier extradition to Malta from a country

other than a scheduled country;

(h) amnesty;

(i)

death penalty.

(2) Articles 14 to 22 apply for the interpretation of sub-article (1).

(3) If the court decides that the person’s return is barred by

any of the reasons mentioned in sub-article (1), it must order the person’s

discharge.

(4) If the court decides that the person’s return is not barred

by any of the reasons mentioned in sub-article (1) and the person is

alleged to be unlawfully at large after conviction of the extraditable

offence, the court must proceed under article 23.

(5) If the court decides that the person’s return is not barred

by any of the reasons mentioned in sub-article (1) and the person is

accused of the commission of the extraditable offence but is not alleged

to be unlawfully at large after conviction of it, the court must proceed

under article 24.

For the purposes of this Order, a person’s return to a scheduled Ne bis in idem.

country is barred by reason of the rule of ne bis in idem if, and only if,

it appears that he would be entitled to be discharged under any rule of

law relating to previous acquittal or conviction on the assumption-

(a) that the conduct constituting the extraditable offence

constituted an offence in Malta;

(b) that the person were charged with the extraditable

offence in Malta;

A person’s return to a scheduled country is barred by reason Extraneous

considerations.

of extraneous considerations if, and only if, it appears to the court that

the request for his return is being made for any purpose mentioned in

article 10(1)(b) of the relevant Act or that any of the considerations

mentioned in article 10(1)(c) of the same Act apply in his regard.

(1) A person’s return to a scheduled country is barred by Prescription

or lapse of

reason of prescription if prosecution for the offence in respect of which time.

extradition is requested is barred by prescription according to the law

of Malta and the acts constituting the offence for which extradition is

requested fall within the jurisdiction of the Maltese criminal courts.

(2) A person’s return to a scheduled country is also barred

for the reason mentioned in paragraph (b) of article 20 of the relevant

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

oppressive to return him.

A person’s return to a scheduled country is barred by reason Age.

of his age if, and only if, at the time that he is alleged to have committed

the extraditable offence he would have been because of his age exempted

from criminal responsibility under the criminal law of Malta on the

assumption-

(a) that the conduct constituting the extraditable offence

constituted an offence in Malta;

(b) that the person carried out the conduct when the

extraditable offence was committed or alleged to be committed;

(c)

that the person carried out the conduct in Malta.

(1) A person’s return to a scheduled country is barred by Speciality.

reason of speciality if, and only if, there is no speciality arrangement

with the scheduled country as is referred to in article 10(3) and 10(4)

of the relevant Act.

(2) Article 10(3) of the relevant Act shall have effect

subject to the following provisions of this article.

(3) Article 10(3) of the relevant Act shall be read and

construed as if for paragraphs (a) to (c) thereof, both inclusive, there

were substituted the following paragraphs

(a)

the offence in respect of which the person is returned;

(b) an extraditable offence disclosed by the same facts as

that offence;

(c) an extraditable offence in respect of which the court gives

its consent under article 55 to the person being dealt with;

(d) an offence which is not punishable with imprisonment

or another form of detention;

(e) an offence in respect of which the person will not be

detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the

right that he would have (but for this paragraph) not to be dealt

with for the offence.

(4) The person returned may be dealt with in the scheduled

country for an offence falling within sub-article (2) and committed before

his return only if that person is given the opportunity to leave the

scheduled country and-

(a) he does not do so before the end of a period of 45 days

starting with the day on which the person arrives in the scheduled

country;

(b) or if he does so before the end of the aforesaid period,

he returns there.

(5) Article 10(4) of the relevant Act shall also apply to any

arrangement as is mentioned in this article.

A person’s return to a scheduled country is barred by reason

of his earlier extradition to Malta from another scheduled country if,

and only if, -

(a) the person was extradited to Malta from another

scheduled country, hereinafter in this article referred to as the

“extraditing country”;

(b) under arrangements between Malta and the extraditing

country, that country’s consent is required to the person’s return from

Malta to the scheduled country in respect of the extraditable offence

under consideration;

(c) that consent has not been given on behalf of the

extraditing country.

A person’s return to a scheduled country is barred by reason Earlier extradition

of his earlier extradition to Malta from a country other than a scheduled to

from country other

country if, and only if,-

than

scheduled country.

(a) the person was returned to Malta from a country that is

not a scheduled country, hereinafter in this article referred to as

“the extraditing country”;

(b) under arrangements between Malta and the extraditing

country, that country’s consent is required to the person’s being

dealt with in Malta in respect of the extraditable offence under

consideration;

(c) consent has not been given on behalf of the extraditing

territory to the person’s return from Malta to the scheduled country

in respect of the extraditable offence under consideration.

A person’s return to a scheduled country is barred by reason Amnesty

of amnesty if the condition specified in paragraph (f) of article 11(2) of

the relevant Act is satisfied.

A person’s return to a scheduled country is barred by reason Death penalty

of the death penalty in the circumstances mentioned in paragraph (c) of

article 11(2) of the relevant Act.

(1) If the court is required to proceed under this article by Where person

requested

virtue of article 13(4) it must decide whether the person was convicted has been convicted.

in his presence.

(2) If the court decides the question in sub-article (1) in the

affirmative it must proceed under article 24.

(3) If the court decides that question in the negative it must

decide whether the person deliberately absented himself from his trial.

(4) If the court decides the question in sub-article (3) in the

affirmative it must proceed under article 24.

(5) If the court decides that question in the negative it must

decide whether the person would be entitled to a retrial or, on appeal, to

a review amounting to a retrial.

(6) If the court decides the question in sub-article (5) in the

affirmative it must proceed under article 24.

(7) If the court decides that question in the negative it must

order the person’s discharge.

(8) The court must not decide the question in sub-article

(5) in the affirmative unless, in any proceedings that it is alleged would

constitute a retrial or a review amounting to a retrial, the person would

have the following rights-

(a) the right to defend himself in person or through legal

assistance of his own choosing or, if he had not sufficient means to

pay for legal assistance, to be given it free when the interests of

justice so required;

(b) the right to examine or have examined witnesses against

him and to obtain the attendance and examination of witnesses on

his behalf under the same conditions as witnesses against him.

If the court is required to proceed under this article by virtue

of article 13(5) or of article 23 the court must order the person to be

committed to custody to await his return to the scheduled country in

which the warrant was issued.

(1) Where a person is committed to custody under article

24, the provisions of article 16 of the relevant Act shall apply subject to

the modification in sub-article (2).

(2) Article 16 of the relevant Act shall apply as if for the

words “fifteen days” therein there were substituted the words “seven

days”.

The provisions of article 17 of the relevant Act apply to any

person remanded or committed for custody under this Order.

The proviso in article 15(3) of the relevant Act shall apply to

any order discharging the person requested from custody under the

provisions of this Order.

Matters arising before end of extradition hearing

(1) This article applies if at any time in the extradition Person charged with

offence in Malta.

hearing the court is informed that the person in respect of whom the

Part II warrant is issued is charged with an offence in Malta.

(2) The court must adjourn the extradition hearing until

one of these occurs -

(a)

the charge is disposed of;

(b) the charge is withdrawn;

(c)

proceedings in respect of the charge are discontinued;

(d) the proceedings are put off sine die.

(3) If a sentence of imprisonment or another form of

detention is imposed in respect of the offence charged, the court may

adjourn the extradition hearing until the sentence has been served.

(4) If before the court adjourns the extradition hearing under

sub-article (2) the court has decided under article 13 whether the person’s

return is barred by reason of the rule against ne bis in idem, the court

must decide that question again after the resumption of the hearing.

(1) This article applies if at any time in the extradition Person serving

sentence

hearing the court is informed that the person in respect of whom the in Malta.

Part II warrant is issued is serving a sentence of imprisonment or another

form of detention in Malta.

(2) The court may adjourn the extradition hearing until the

sentence has been served.

(1) This article applies if at any time in the extradition Extradition

request.

hearing the court is informed that -

(a) a request for the person’s return has been received from

a country other than a scheduled country;

(b) the request has not been disposed of;

(c) an order has been made under article 71(2) for further

proceedings on the warrant to be deferred until the request has

been disposed of.

(1) This article applies if at any time in the extradition

hearing it appears to the court that the condition in sub-article (2) is

satisfied.

(2) The condition is that the physical or mental condition

of the person in respect of whom the Part II warrant is issued is such

that it would be unjust or oppressive to extradite him.

(3) The court must -

(a)

order the person’s discharge, or

(b) adjourn the extradition hearing until it appears to him

that the condition in sub-article (2) is no longer satisfied.

Appeals

(1) Subject to sub-article (2), the provisions of articles 18

to 20, both inclusive, of the relevant Act shall apply to appeals by the

person committed to custody and to appeals by the Attorney General as

the case may be and to an application for redress to the Constitutional

Court under article 46 of the Constitution.

(2) Paragraphs (a) and (c) of article 20 of the relevant Act do

not apply.

Time for extradition

(1) Subject to the modification in sub-article (2) the

provisions of article 21(2) of the relevant Act apply to surrender to a

scheduled country.

(2) Article 21(2) of the relevant Act shall apply as if for the

words “fifteen days” therein there were substituted the words “seven

days”.

(1) This article applies if-

(a) the court of committal orders a person’s surrender to a

scheduled country under this Order, and

(b) no appeal is filed within the time allowed under the

relevant Act.

(2) This article does not apply if the order is made under

article 45 or 46.

(3) Subject to sub-article (6) of this article and to article 38

(3), the person must be surrendered to the scheduled country before the

end of the required period.

(4) The required period is-

(a) 10 days starting with the day on which the court makes

the order, or

(b) if the court is informed that the judicial authority which

issued the Part II warrant has agreed to a later date, 10 days starting

with the later date.

(5) If sub-article (3) is not complied with and the person

applies to the court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(6) If within the period mentioned in sub-article (4), and

before he is returned to the scheduled country, the person files any

proceedings as those described in article 21(2)(b) of the relevant Act

even if he failed to appeal within the time allowed by the relevant Act,

the provisions of this article shall no longer apply and the said article

21(2) of the relevant Act, as modified by article 33(2) of this Order,

and article 35 of this Order shall thereupon apply.

Surrender

(1) This article applies if -

following appeal

or other

proceedings.

(a) there is an appeal against an order for a person’s return

to a scheduled country or other proceedings as those described in

article 21(2)(b) of the relevant Act , and

(b) the person is not discharged by order of the Court of

Criminal Appeal or of any other court.

(2) Subject to article 38(3) the person must be returned to

the scheduled country before the end of the required period.

(3) The required period is-

(a) 10 days starting with the first day on which, having

regard to article 21(2)(b)(c) of the relevant Act, he could have been

returned; or

(b) if the court is informed that the judicial authority which

issued the Part II warrant has agreed to a later date, 10 days starting

with the later date.

(1) This article applies if -

(a) the court orders a person’s return to a scheduled country;

(b) the person is serving a sentence of imprisonment or

another form of detention in Malta.

(2) This article does not apply if the order is made under

article 44 or 46.

(3) The court may make the order for return subject to the

condition that the return is not to take place before it receives an

undertaking given on behalf of the scheduled country in terms specified

by the court.

(4) The terms which may be specified by the court in relation

to a person accused in a scheduled country of the commission of an

offence include terms-

(a) that the person be kept in custody until the conclusion

of the proceedings against him for the offence and any other offence

in respect of which he is permitted to be dealt with in the scheduled

country;

(b) that the person be returned to Malta to serve the

remainder of his sentence on the conclusion of those proceedings.

(5) The terms which may be specified by the court in relation

to a person alleged to be unlawfully at large after conviction of an offence

by a court in a scheduled country include terms that the person be

returned to Malta to serve the remainder of his sentence after serving

any sentence imposed on him in the scheduled country for -

(a)

the offence, and

(b) any other offence in respect of which he is permitted to

be dealt with in the scheduled country.

(6) Sub-articles (7) and (8) apply if the court makes an order

for surrender subject to a condition under sub-article (3).

(7) If the court does not receive the undertaking before the

end of the period of 21 days starting with the day on which it makes the

order and the person applies to the court to be discharged, the court

must order his discharge.

(8) If the court receives the undertaking before the end of

that period-

(a) in a case where article 34 applies, the required period

for the purposes of article 34(3) is 10 days starting with the day on

which the court receives the undertaking;

(b) in a case where article 35 applies, the required period

for the purposes of article 35(2) is 10 days starting with the first

day on which, having regard to article 21(2)(b)(c) of the relevant

Act, the person could have been returned or (if later) the day on

which the court receives the undertaking.

(1) Subject to sub-article (2), this article applies if-

Extradition

following

deferral for

(a) an order is made under this Order for a person to be

competing claim.

returned to a scheduled country in pursuance of a Part II warrant;

(b) before the person is returned to the scheduled country

an order is made under article 42(4)(b) or 71(2)(b) for the person’s

return in pursuance of the warrant to be deferred;

(c) the court makes an order under article 73(2) for the

person’s return in pursuance of the warrant to cease to be deferred.

(2) This article does not apply if the order for the person’s

return is made under article 44 or 46.

(3) In a case where article 34 applies, the required period

for the purposes of article 34(3) is 10 days starting with the day on

which the order under section 73(2) is made.

(4) In a case where article 35 applies, the required period

for the purposes of article 35(2) is 10 days starting with the first day on

which, having regard to article 21(2)(b)(c) of the relevant Act, the person

could have been returned or (if later) the day on which the order under

article 73(2) is made.

Asylum claim

(1) This article applies if-

(a) a person in respect of whom a Part II warrant is issued

makes an asylum claim at any time in the relevant period;

(b) an order is made under this Order for the person to be

returned in pursuance of the warrant.

(2) The relevant period is the period-

(a) starting when a certificate is issued under article 7 in

respect of the warrant;

(b) ending when the person is returned in pursuance of the

warrant.

(3) The person must not be returned in pursuance of the

warrant before the asylum claim is finally determined; and articles 34,

35, 45 and 47 have effect subject to this subarticle.

(4) Sub-article (3) is subject to article 39.

(5) If, under the Refugees Act, the Minister responsible for

immigration allows the asylum claim, the claim is deemed to have been

finally determined when he makes his decision on the claim.

(6) If the person’s asylum claim is rejected the provisions

of article 21(2)(a)(b) of the relevant Act shall mutatis mutandis apply to

any proceedings as are referred to in the said provisions which may

lead to the reversal, annulment or modification of the decision rejecting

the person’s asylum claim in the same way as they apply to similar

proceedings in relation to the court’s order of committal.

(1) Article 38(3) does not apply in relation to a person if

the Minister responsible for immigration (hereinafter, in this article,

referred to as “the Minister”) has certified that the conditions in sub-

article (2) or the conditions in sub-article (3) are satisfied in relation to

him.

(2) The conditions are that -

(a) the scheduled country to which the person’s return has

been ordered has accepted that, under standing arrangements, it is

the responsible State in relation to the person’s asylum claim;

(b) in the opinion of the Minister the person is not a national

or citizen of the scheduled country.

(3) The conditions are that, in the opinion of the Minister -

(a) the person is not a national or citizen of the scheduled

country to which his return has been ordered;

(b) the person’s life and liberty would not be threatened in

that country by reason of his race, religion, nationality, political

opinion or membership of a particular social group;

(c) the government of that country would not send the person

to another country otherwise than in accordance with the

Convention.

(4) In this article -

“Convention” has the meaning assigned to it by article 2 of

the Refugees Act;

“standing arrangements” means arrangements in force

between Malta and the designated territory for determining which

State is responsible for considering applications for asylum.

Withdrawal of Part II warrant

(1) This article applies if at any time in the relevant period Withdrawal of

warrant

the court is informed by the Attorney General that a Part II warrant before return.

issued in respect of a person has been withdrawn.

(2) The relevant period is the period -

(a) starting when the person is first brought before the court

following his arrest under this Order;

(b) ending when the person is returned in pursuance of the

warrant or discharged.

(3) The court must order the person’s discharge.

(4) If the person is not before the court at the time the court

orders his discharge, the court must inform him of the order as soon as

practicable.

(1) This article applies if at any time in the relevant period Withdrawal of

warrant

the Court of Criminal Appeal is informed by the Attorney General that while appeal

a Part II warrant issued in respect of a person has been withdrawn.

pending

(2) The relevant period is the period -

(a) starting when an appeal application is filed by the person

or by the Attorney General;

(b) ending when proceedings on the appeal are discontinued

or the court makes its decision on the appeal.

(3) The court must -

(a) if the appeal is under article 18 of the relevant Act, order

the person’s discharge and quash the order for his return;

(b) if the appeal is under article 19 of the relevant Act,

dismiss the appeal.

(4) If the person is not before the court at the time the court

orders his discharge, the court must inform him of the order as soon as

practicable.

Competing Part II warrants

(1) This article applies if at any time in the relevant period

the conditions in sub-article (3) are satisfied in relation to a person in

respect of whom a Part II warrant has been issued.

(2) The relevant period is the period -

(a) starting when the person is first brought before the court

following his arrest under this Order;

(b) ending when the person is returned in pursuance of the

warrant or discharged.

(3) The conditions are that-

(a) the court is informed that another Part II warrant has

been issued in respect of the person;

(b) the other warrant falls to be dealt with by the court;

(c)

the other warrant has not been disposed of.

(4) The court may -

(a) order further proceedings on the warrant under

consideration to be deferred until the other warrant has been

disposed of, if the warrant under consideration has not been

disposed of;

(b) order the person’s return in pursuance of the warrant

under consideration to be deferred until the other warrant has been

disposed of, if an order for his return in pursuance of the warrant

under consideration has been made.

(5) In applying sub-article (4) the court must take account

in particular of the circumstances in paragraphs (a) to (c), both inclusive,

of article 21(4) of the relevant Act, as well as of the following matters-

(a) the place where each offence was committed (or was

alleged to have been committed);

(b) whether, in the case of each offence, the person is

accused of its commission (but not alleged to have been convicted)

or is alleged to be unlawfully at large after conviction.

Consent to extradition

(1) A person arrested under a Part II warrant may consent Consent to return.

to his return to the scheduled country in which the warrant is issued.

(2) A person arrested under article 9 may consent to his

return to the scheduled country which has issued or will be issuing a

Part II warrant in his regard.

(3) If a person consents to his return under this article he

must be taken to have waived any right he would have (apart from the

consent) not to be dealt with in the scheduled country for an offence

committed before his return.

(4) Consent under this article-

(a)

must be given before the court;

(b) must be recorded in writing;

(c)

is irrevocable.

(5) A person may not give his consent under this article

(a) he is legally represented before the court at the time he

gives consent, or

(b) he is a person to whom sub-article (6) applies.

(6) This sub-article applies to a person if-

(a) he has been informed of his right to apply for legal aid

and has had the opportunity to apply for legal aid, but he has refused

or failed to apply;

(b) he has applied for legal aid but his application has been

refused;

(c) he was granted legal aid but the legal aid was withdrawn.

(7) In sub-article (6) “legal aid” means a right to

representation by virtue of article 77.

(8) For the purposes of sub-article (5) a person is to be

treated as legally represented before the court if (and only if) he has the

assistance of counsel to represent him in the proceedings before the

(1) This article applies if a person consents to his return

under article 43.

(2) Article 15(5) of the relevant Act shall apply.

(3) If the court has not fixed a date under article 11 on

which the extradition hearing is to begin it is not required to do so.

(4) If the extradition hearing has begun the court is no longer

required to proceed or continue proceeding under articles 12 to 31.

(5) The court must within the period of 10 days starting

with the day on which consent is given order the person’s return to the

scheduled country.

(6) Sub-article (5) has effect subject to articles 46 and 49.

(7) If sub-article (5) is not complied with and the person

applies to the court to be discharged the court must order his discharge.

(1) This article applies if the court makes an order under

article 44(5) for a person’s return to a scheduled country.

(2) The person must be returned to the scheduled country

before the end of the required period.

(3) The required period is -

(a) 10 days starting with the day on which the order is made,

(b) if the court and the judicial authority which issued the

Part II warrant agree a later date, 10 days starting with the later

date.

(4) If sub-article (2) is not complied with and the person

applies to the court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(5) If before the person is returned to the scheduled country

the court is informed by the Attorney General that the Part II warrant

has been withdrawn -

(a) sub-article (2) does not apply, and

(b) the court must order the person’s discharge.

(1) This article applies if -

Other warrant

issued following

consent.

(a) a person consents under article 43 to his return to a

scheduled country, and

(b) the conditions in sub-article (2) are satisfied before the

court orders his return under article 44(5).

(2) The conditions are that-

(a) the court is informed that another Part II warrant has

been issued in respect of the person;

(b) the warrant has not been disposed of.

(3) Article 44(5) does not apply but the court may -

(a) order the person’s return in pursuance of his consent, or

(b) order further proceedings on the warrant under

consideration to be deferred until the other warrant has been

disposed of.

(4) Sub-article (3) is subject to article 49.

(5) In applying sub-article (3) the court must take account

in particular of the circumstances in paragraphs (a) to (c), both inclusive,

of article 21(4) of the relevant Act, as well as the matters in paragraphs

(a) and (b) of article 42(5).

(1) This article applies if the court makes an order under

article 46(3)(a) for a person’s return to a scheduled country.

(2) The person must be returned to the scheduled country

before the end of the required period.

(3) The required period is-

(a) 10 days starting with the day on which the order is made,

or

(b) if the court and the authority which issued the Part II

warrant agree a later date, 10 days starting with the later date.

(4) If sub-article (2) is not complied with and the person

applies to the court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(5) If before the person is returned to the scheduled country

the court is informed by the Attorney General that the Part II warrant

has been withdrawn-

(a)

sub-article (2) does not apply, and

(b) the court must order the person’s discharge.

(1) This article applies if the court makes an order under

article 46(3)(b) for further proceedings on a Part II warrant to be deferred.

(2) If an order is made under article 49(5) for proceedings on

the warrant to be resumed, the period specified in article 44(5) must be

taken to be 10 days starting with the day on which the order under

article 49(5) is made.

(1) This article applies if -

(a) a person in respect of whom a Part II warrant is issued

consents under article 43 to his return to the scheduled country in

which the warrant was issued, and

(b) the condition in sub-article (2) is satisfied before the

court orders his return under article 44(5) or 46(3)(a).

(2) The condition is that the court is informed that -

(a) a request by a country other than a scheduled country

for the person’s return has been received by a Minister under the

relevant Act;

(b) the request has not been disposed of.

(3) The court must not make an order under article 44(5) or

46(3) until it is informed whether an order has been made under article

13 of the relevant Act.

(4) If the court is informed that an order has been made

under article 13 of the relevant Act it must suspend further proceedings.

(5) If -

(a) an order has been made under article 13 of the relevant

Act, and

(b) the extradition request in respect of which the order in

paragraph (a) was made has been disposed of,

the court may make an order for the proceedings to be resumed.

(6) Where the court makes an order under sub-article (5)

for the proceedings to be resumed the period specified in article 44(5)

must be taken to be 10 days starting with the day on which the order

under sub-article (5) is made.

(7) If the court is informed that the Minister will not be

issuing an order under article 13 of the relevant Act the period specified

in article 44(5) must be taken to be 10 days starting with the day on

which the court is informed as aforesaid.

(1) This article applies if-

Undertaking

in relation

to person serving

(a) the court makes an order under article 44(5) or 46(3)(a)

sentence.

for a person’s return to a scheduled country;

(b) the person is serving a sentence of imprisonment or

another form of detention in Malta.

(2) The court may make the order for return subject to the

condition that extradition is not to take place before he receives an

undertaking given on behalf of the scheduled country in terms specified

(3) The terms which may be specified by the court in relation

to a person accused in a scheduled country of the commission of an

offence include terms-

(a) that the person be kept in custody until the conclusion

of the proceedings against him for the offence and any other offence

in respect of which he is permitted to be dealt with in the scheduled

country;

(b) that the person be returned to Malta to serve the

remainder of his sentence on the conclusion of those proceedings.

(4) The terms which may be specified by the court in relation

to a person alleged to be unlawfully at large after conviction of an offence

by a court in a scheduled country include terms that the person be

returned to Malta to serve the remainder of his sentence after serving

any sentence imposed on him in the scheduled country for-

(a)

the offence, and

(b) any other offence in respect of which he is permitted to

be dealt with in the scheduled country.

(5) If the court makes an order for return subject to a

condition under sub-article (2) the required period for the purposes of

articles 45(2) and 47(2) is 10 days starting with the day on which the

court receives the undertaking.

(1) This article applies if -

(a) an order is made under article 44(5) or 46(3)(a) for a

person to be returned to a scheduled country in pursuance of a Part

II warrant;

(b) before the person is returned to the scheduled country

an order is made under article 42(4)(b) or 71(2)(b) for the person’s

return in pursuance of the warrant to be deferred;

(c) the court makes an order under article 73(2) for the

person’s return in pursuance of the warrant to cease to be deferred.

(2) The required period for the purposes of articles 45(2)

and 47(2) is 10 days starting with the day on which the order under

article 73(2) is made.

Post-extradition matters

(1) This article applies if-

Request for consent

to other offence

being dealt with.

(a) a person is returned to a scheduled country in respect of

an offence in accordance with this Order;

(b) a court receives a request for consent to the person being

dealt with in the scheduled country for another offence;

(c) the request is certified under this article by the Attorney

General.

(2) The Attorney General may certify a request for consent

under this article if he believes that the authority making the request-

(a)

is a judicial authority of the scheduled country, and

(b) has the function of making requests for the consent

referred to in sub-article (1)(b) in that country.

(3) A certificate under sub-article (2) must certify that the

authority making the request falls within paragraphs (a) and (b) of that

sub-article.

(4) The court must serve notice on the person that he has

received the request for consent, unless he is satisfied that it would not

be practicable to do so.

(5) The consent hearing must begin before the end of the

required period, which is 21 days starting with the day on which the

request for consent is received by the Attorney General.

(6) The court may extend the required period if it believes

it to be in the interests of justice to do so; and this sub-article may apply

more than once.

(7) The power in sub-article (6) may be exercised even after

the end of the required period.

(8) If the consent hearing does not begin before the end of

the required period and the court does not exercise the power in sub-

article (6) to extend the period, the court must refuse consent.

(9) The court may at any time adjourn the consent hearing.

(10) The consent hearing is the hearing at which the court

is to consider the request for consent.

(1) At the consent hearing under article 52 the court must

decide whether consent is required to the person being dealt with in the

territory for the offence for which consent is requested.

(2) If the court decides the question in sub-article (1) in the

negative it must inform the Attorney General of its decision.

(3) If the court decides that question in the affirmative it

must decide whether the offence for which consent is requested is an

extraditable offence.

(4) If the court decides the question in sub-article (3) in the

negative it must refuse consent.

(5) If the court decides that question in the affirmative it

must decide whether it would order the person’s return under articles

13 to 31 if -

(a)

the person were in Malta, and

(b) the court were required to proceed under article 13 in

respect of the offence for which consent is requested.

(6) If the court decides the question in sub-article (5) in the

affirmative it must give consent.

(7) If the court decides that question in the negative it must

refuse consent.

(8) Consent is not required to the person being dealt with in

the scheduled country for the offence if the person has been given an

opportunity to leave the territory and -

(a) he has not done so before the end of the permitted period,

(b) if he did so before the end of the permitted period, he

has returned there.

(9) The permitted period is 45 days starting with the day on

which the person arrived in the scheduled country following his

extradition there in accordance with this Order.

(10) Subject to sub-article (8), the court must decide whether

consent is required to the person being dealt with in the scheduled

country for the offence by reference to what appears to it to be the law

of the scheduled country or arrangements made between the scheduled

country and Malta.

Request for consent

(1) This article applies if -

to further

extradition

to scheduled

(a) a person is returned to a scheduled country, hereinafter

country.

in this article and in article 55 referred to as “the requesting

country”, in accordance with this Order;

(b) the court receives a request for consent to the person’s

extradition to another scheduled country for an offence;

(c) the request is certified under this article by the Attorney

General.

(2) The Attorney General may certify a request for consent

under this article if he believes that the authority making the request -

(a) is a judicial authority of the requesting territory, and

(b) has the function of making requests for the consent

referred to in sub-article (1)(b) in that scheduled country.

(3) A certificate under sub-article (2) must certify that

the authority making the request falls within paragraphs (a) and (b) of

that sub-article.

(4) The court must serve notice on the person that he has

received the request for consent, unless it is satisfied that it would not

be practicable to do so.

(5) The consent hearing must begin before the end of the

required period, which is 21 days starting with the day on which the

request for consent is received by the Attorney General.

(6) The court may extend the required period if it believes

it to be in the interests of justice to do so; and this sub-article may apply

more than once.

(7) The power in sub-article (6) may be exercised even after

the end of the required period.

(8) If the consent hearing does not begin before the end of

the required period and the judge does not exercise the power in sub-

article (6) to extend the period, he must refuse consent.

(9) The court may at any time adjourn the consent hearing.

(10) The consent hearing is the hearing at which the court

is to consider the request for consent.

(1) At the consent hearing under article 54 the court must

decide whether consent is required to the person’s extradition to the

other scheduled country for the offence.

(2) If the court decides the question in sub-article (1) in

the negative it must inform the authority making the request of its

decision.

(3) If the court decides that question in the affirmative it

must decide whether the offence is an extraditable offence in relation to

the scheduled country referred to in article 54(1)(b).

(4) If the court decides the question in sub-article (3) in

the negative it must refuse consent.

(5) If the court decides that question in the affirmative it

must decide whether it would order the person’s extradition under articles

13 to 31 if -

(a)

the person were in Malta, and

(b) the court were required to proceed under article 13 in

respect of the offence for which consent is requested.

(6) If the court decides the question in sub-article (5) in the

affirmative it must give consent.

(7) If the court decides that question in the negative it must

refuse consent.

(8) Consent is not required to the person’s extradition to

the other scheduled country for the offence if the person has been given

an opportunity to leave the requesting country and-

(a) he has not done so before the end of the permitted period,

(b) if he did so before the end of the permitted period, he

has returned there.

(9) The permitted period is 45 days starting with the day on

which the person arrived in the requesting country following his

extradition there in accordance with this Order.

(10) Subject to sub-article (8), the court must decide whether

consent is required to the person’s extradition to the other scheduled

country for the offence by reference to what appears to it to be the

arrangements made between the requesting country and Malta.

Consent to further

(1) This article applies if -

extradition to

country other

than scheduled

(a) a person is extradited to a scheduled country, in this

country.

article and in article 57 referred to as “the requesting country”, in

accordance with this Order;

(b) the Minister receives a request for consent to the person’s

extradition to a country, other than a scheduled country, in this

article and in article 57 referred to as “the third country”, for an

offence;

(c) the request is certified under this article by the Attorney

General.

(2) The Attorney General may certify a request for consent

under this article if he believes that the authority making the request -

(a)

is a judicial authority of the requesting country, and

(b) has the function of making requests for the consent

referred to in sub-article (1)(b) in that country.

(3) A certificate under sub-article (2) must certify that the

authority making the request falls within paragraphs (a) and (b) of that

sub-article.

(4) The Minister must serve notice on the person that he

has received the request for consent, unless he is satisfied that it would

not be practicable to do so.

(5) The Minister must decide whether the offence is an

extraditable offence within the meaning given by article 5 or article 8

of the relevant Act, as the case may be, in relation to the third country.

(6) If the Minister decides the question in sub-article (5) in

the negative he must refuse consent.

(7) If the Minister decides that question in the affirmative

he must decide whether the court would commit the person to custody

to await his return under article 15 of the relevant Act if -

(a)

the person were in Malta, and

(b) the court were required to proceed under articles 13 and

15 of the relevant Act in respect of the offence for which the consent

of the Minister is requested.

(8) If the Minister decides the question in sub-article (7) in

the negative he must refuse his consent.

(9) If the Minister decides that question in the affirmative

he must decide whether, if the person were in Malta, his extradition

to the third country in respect of the offence would be prohibited

under article 10 or article 12 of the relevant Act or whether he would

have decided not to order his extradition under article 11 of the

relevant Act.

(10) If the Minister decides the question in sub-article (9)

in the negative he may give consent.

(11) If the Minister decides that question in the affirmative

he must refuse consent.

(1) This article applies if -

(a) a person who is serving a sentence of imprisonment or

another form of detention in Malta is returned to a scheduled

country in accordance with this Order;

(b) the person is returned to Malta to serve the remainder

of his sentence.

(2) The person is liable to be detained in pursuance of his

sentence.

(3) If he is at large he must be treated as being unlawfully

(4) Time during which the person was not in Malta as a

result of his extradition does not count as time served by him as part of

his sentence.

(5) Sub-article (4) shall not apply if -

(a) the person was extradited for the purpose of being

prosecuted for an offence, and

(b) the person has not been convicted of the offence or of

any other offence in respect of which he was permitted to be dealt

with in the scheduled country.

(6) In a case falling within sub-article (5), time during

which the person was not in Malta as a result of his extradition counts

as time served by him as part of his sentence if (and only if) it was

spent in custody in connection with the offence or any other offence

in respect of which he was permitted to be dealt with in the scheduled

Repatriation cases

(1) This article applies if an arrest warrant is issued in Persons serving

sentences outside

respect of a person by an authority of a scheduled country and the warrant territory where

contains the statement referred to in sub-article (2).

convicted.

(2) The statement is one that -

(a) the person is alleged to be unlawfully at large from a

prison in one territory, hereinafter in this article referred to as “the

imprisoning territory”, in which he was serving a sentence after

conviction of an offence specified in the warrant by a court in

another territory, hereinafter in this article referred to as “the

convicting territory”, and

(b) the person was serving the sentence in pursuance of

international arrangements for prisoners sentenced in one territory

to be repatriated to another territory in order to serve their sentence,

and

(c) the warrant is issued with a view to his arrest and

extradition to the scheduled country for the purpose of serving a

sentence or another form of detention imposed in respect of the

offence.

(3) If the scheduled country is either the imprisoning

territory or the convicting territory, article 5(6)(a) has effect as if the

reference to the statement referred to in sub-article (7) of that article

were a reference to the statement referred to in sub-article (2) of this

(4) If the scheduled country is the imprisoning territory -

(a) article 5(8)(e) has effect as if “requesting country” read

“the convicting territory”;

(b) article 12(2) has effect as if “an extraditable offence”

read “an extraditable offence in relation to the convicting territory”;

(c) article 23(5) has effect as if after “entitled” there were

inserted “in the convicting territory”;

(d) article 36(5) has effect as if “a scheduled country” read

“the convicting territory” and as if “the scheduled country” in both

places read “the convicting territory”;

(e) article 50(4) has effect as if “a scheduled country” read

“the convicting territory” and as if “scheduled country” in both

places read “the convicting territory”

(f) article 60(1) has effect as if “a scheduled country” read

“the convicting territory”;

(g) article 60(2) has effect as if “the scheduled country” in

the opening words and paragraphs (a) and (c) read “the convicting

territory” and as if “the scheduled country” in paragraph (b) read

“the imprisoning territory”;

(h) in article 60, sub-articles (3), (4), (5) and (6) have effect as if

“the scheduled country” in each place read “the convicting territory”.

Extraditable offences

(1) This article applies in relation to the conduct of a person

(a) he is accused in a scheduled country of the commission

of an offence constituted by the conduct, or

(b) he is alleged to be unlawfully at large after conviction

by a court in a scheduled country of an offence constituted by the

conduct and he has not been sentenced for the offence.

(2) The conduct constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied-

(a) the conduct occurs in the scheduled country and no part

of it occurs in Malta;

(b) a certificate issued by an appropriate authority of the

scheduled country shows that the conduct is scheduled conduct;

(c) the certificate shows that the conduct is punishable under

the law of the scheduled country with imprisonment or another

form of detention for a term of three years or a greater punishment.

(3) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied -

(a)

the conduct occurs in the scheduled country;

(b) the conduct would constitute an offence under the law

of Malta if it occurred in Malta;

(c) the conduct is punishable under the law of the scheduled

country with imprisonment or another form of detention for a term

of 12 months or a greater punishment (however it is described in

that law).

(4) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied -

(a)

the conduct occurs outside the scheduled country;

(b) the conduct is punishable under the law of the scheduled

country with imprisonment or another form of detention for a term

of 12 months or a greater punishment (however it is described in

that law);

(c) in corresponding circumstances equivalent conduct

would constitute an extra-territorial offence under the law of Malta

punishable with imprisonment or another form of detention for a

term of 12 months or a greater punishment.

(5) The conduct also constitutes an extraditable offence in

relation to a scheduled country if these conditions are satisfied -

(a) the conduct occurs outside the scheduled country and

no part of it occurs in Malta;

(b) the conduct is punishable under the law of the scheduled

country with imprisonment or another form of detention for a term

of 12 months or a greater punishment (however it is described in

that law);

(c) the conduct constitutes or if committed in Malta would

constitute any of the offences mentioned in article 54A(1) of the

Criminal Code.

(6) For the purposes of sub-articles (3)(b) and (4)(c)-

(a) if the conduct relates to a tax or duty, it is immaterial

that the law of Malta does not impose the same kind of tax or duty

or does not contain rules of the same kind as those of the law of

the scheduled country;

(b) if the conduct relates to customs or exchange, it is

immaterial that the law of Malta does not contain rules of the same

kind as those of the law of the scheduled country.

(7) This article applies for the purposes of this Order.

(1) This article applies in relation to conduct of a person if -

(a) he is alleged to be unlawfully at large after conviction

by a court in a scheduled country of an offence constituted by the

conduct, and

(b) he has been sentenced for the offence.

(2) The conduct constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied -

(a) the conduct occurs in the scheduled country and no part

of it occurs in Malta;

(b) a certificate issued by an appropriate authority of the

scheduled country shows that the conduct is scheduled conduct;

(c) the certificate shows that a sentence of imprisonment or

another form of detention for a term of 12 months or a greater

punishment has been imposed in the scheduled country in respect

of the conduct.

(3) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied -

(a)

the conduct occurs in the scheduled country;

(b) the conduct would constitute an offence under the law

of Malta if it occurred in Malta;

(c) a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been imposed

in the scheduled country in respect of the conduct.

(4) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied -

(a)

the conduct occurs outside the scheduled country;

(b) a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been imposed

in the scheduled country in respect of the conduct;

(c) in corresponding circumstances equivalent conduct

would constitute an extra-territorial offence under the law of Malta

punishable with imprisonment or another form of detention for a

term of 12 months or a greater punishment.

(5) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied -

(a) the conduct occurs outside the scheduled country and

no part of it occurs in Malta;

(b) a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been imposed

in the scheduled country in respect of the conduct;

(c) the conduct constitutes or if committed in Malta would

constitute any of the offences mentioned in article 54A(1) of the

Criminal Code.

(6) For the purposes of sub-articles (3)(b) and (4)(c)-

(a) if the conduct relates to a tax or duty, it is immaterial

that the law of Malta does not impose the same kind of tax or duty

or does not contain rules of the same kind as those of the law of

the scheduled country;

(b) if the conduct relates to customs or exchange, it is

immaterial that the law of Malta does not contain rules of the same

kind as those of the law of the scheduled country.

(7) This article applies for the purposes of this Order.

(1) Sub-articles (2) and (3) apply for the purposes of articles

59 and 60.

(2) An appropriate authority of a scheduled country is a

judicial authority of the scheduled country which the court believes

has the function of issuing arrest warrants in that territory.

(3) The law of a scheduled country is the general criminal

law of the country.

PART III

Extradition to Malta from scheduled countries

(1) A magistrate may issue a Part III warrant in respect of

a person if-

(a) a police officer not below the rank of inspector applies

to a Magistrate for a Part III warrant, and

(b) the condition in sub-article (2) is satisfied.

(2) The condition is that the Attorney General has given

his consent to the issue of a Part III warrant in respect of the person and

there are reasonable grounds for believing-

(a)

that the person has committed an extraditable offence,

(b) that the person is unlawfully at large after conviction of

an extraditable offence by a court in Malta.

(3) A Part III warrant is an arrest warrant which contains -

(a) the statement referred to in sub-article (4) or the

statement referred to in sub-article (5), and

(b) the certificate referred to in sub-article (6).

(4) The statement is one that-

(a) the person in respect of whom the warrant is issued is

accused in Malta of the commission of an extraditable offence

specified in the warrant, and

(b) the warrant is issued with a view to his arrest and

extradition to Malta for the purpose of being prosecuted for the

offence.

(5) The statement is one that -

(a) the person in respect of whom the warrant is issued is

alleged to be unlawfully at large after conviction of an extraditable

offence specified in the warrant by a court in Malta, and

(b) the warrant is issued with a view to his arrest and

extradition to Malta for the purpose of being sentenced for the

offence or of serving a sentence of imprisonment or another form

of detention imposed in respect of the offence.

(6) The certificate is one certifying-

(a) whether the conduct constituting the extraditable offence

specified in the warrant falls within the European framework list;

(b) whether the offence is an extra-territorial offence;

(c) what is the maximum punishment that may be imposed

on conviction of the offence or (if the person has been sentenced

for the offence) what sentence has been imposed.

(7) The conduct which falls within the European framework

list must be taken for the purposes of sub-article (6)(a) to include conduct

which constitutes-

(a) an attempt, conspiracy or incitement to carry out conduct

falling within the list, or

(b) aiding, abetting, counselling or procuring the carrying

out of conduct falling within the list.

The European framework list is the list of conduct set out in Schedule 2.

(1) This article applies if-

(a)

a Part III warrant is issued in respect of a person;

(b) the person is serving a sentence of imprisonment or

another form of detention in a scheduled country;

(c) the person’s extradition to Malta from the scheduled

country in pursuance of the warrant is made subject to a condition

that an undertaking is given on behalf of Malta with regard to his

treatment in Malta or his return to the scheduled country (or both).

(2) The Minister may give an undertaking to a person acting

on behalf of the scheduled country with regard to either or both of these

(a) the treatment in Malta of the person in respect of whom

the warrant is issued;

(b) the return of that person to the scheduled country.

(3) The terms which may be included by the Minister in an

undertaking given under sub-article (2) in relation to a person accused

in Malta of the commission of an offence include terms -

(a) that the person be kept in custody until the conclusion

of the proceedings against him for the offence and any other offence

in respect of which he is permitted to be dealt with in Malta;

(b) that the person be returned to the scheduled country to

serve the remainder of his sentence on the conclusion of those

proceedings.

(4) The terms which may be included by the Minister in an

undertaking given under sub-article (2) in relation to a person alleged

to be unlawfully at large after conviction of an offence by a court in

Malta include terms that the person be returned to the scheduled country

to serve the remainder of his sentence after serving any sentence imposed

on him in Malta.

(1) This article applies if -

(a)

a Part III warrant is issued in respect of a person;

(b) the warrant states that it is issued with a view to his

extradition to Malta for the purpose of being prosecuted for an

offence;

(c) he is extradited to Malta from a scheduled country in

pursuance of the warrant;

(d) he is extradited on the condition that, if he is convicted

of the offence and a sentence of imprisonment or another form of

detention is imposed in respect of it, he must be returned to the

scheduled country to serve the sentence;

(e) he is convicted of the offence and a sentence of

imprisonment or another form of detention is imposed in respect

of it.

(2) The person must be returned to the designated country

to serve the sentence as soon as is reasonably practicable after the

sentence is imposed.

(3) If sub-article (2) is complied with the punishment for

the offence must be treated as remitted but the person’s conviction for

the offence must be treated as a conviction for all other purposes.

(4) If sub-article (2) is not complied with and the person

applies to a Magistrate to be discharged the Magistrate must order his

discharge, unless reasonable cause is shown for the delay.

Service of sentence

(1) This article applies if-

in country executing

Part III warrant.

(a)

a Part III warrant is issued in respect of a person;

(b) the certificate contained in the warrant certifies that a

sentence has been imposed;

(c) an undertaking is given on behalf of a scheduled country

that the person will be required to serve the sentence in that country;

(d) on the basis of the undertaking the person is not

extradited to Malta from the scheduled country.

(2) The punishment for the offence must be treated as

remitted but the person’s conviction for the offence must be treated as a

conviction for all other purposes.

(1) This article applies if a person is extradited to Malta

from a scheduled country in pursuance of a Part III warrant.

(2) The person may be dealt with in Malta for an offence

committed before his extradition only if -

(a)

the offence is one falling within sub-article (3), or

(b) the condition in sub-article (4) is satisfied.

(3) The offences are-

(a)

the offence in respect of which the person is extradited;

(b) an offence disclosed by the information provided to the

designated country in respect of that offence;

(c) an extraditable offence in respect of which consent to

the person being dealt with is given on behalf of the scheduled

country;

(d) an offence which is not punishable with imprisonment

or another form of detention;

(e) an offence in respect of which the person will not be

detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the

right that he would have (but for this paragraph) not to be dealt

with for the offence.

(4) The condition is that the person has been given an

opportunity to leave Malta and-

(a) he has not done so before the end of the permitted period,

(b) he has done so before the end of the permitted period

and has returned to Malta.

(5) The permitted period is 45 days starting with the day on

which the person arrives in Malta.

(1) This article applies if-

(a) a person is extradited to Malta from a scheduled country

in pursuance of a Part III warrant;

(b) the person consented to his extradition to Malta in

accordance with the law of the scheduled country.

(2) Article 66(2) does not apply if the conditions in sub-

article (3) or the conditions in sub-article (4) are satisfied.

(3) The conditions are that-

(a) under the law of the scheduled country, the effect of the

person’s consent is to waive his right under article 66(2);

(b) the person has not revoked his consent in accordance

with that law, if he is permitted to do so under that law.

(4) The conditions are that -

(a) under the law of the scheduled country, the effect of the

person’s consent is not to waive his right under article 66(2);

(b) the person has expressly waived his right under article

66(2) in accordance with that law;

(c) the person has not revoked his consent in accordance

with that law, if he is permitted to do so under that law;

(d) the person has not revoked the waiver of his right under

article 66(2) in accordance with that law, if he is permitted to do

so under that law.

(1) Conduct constitutes an extraditable offence in relation Extraditable

offences.

to Malta if these conditions are satisfied-

(a)

the conduct occurs in Malta;

(b) the conduct is punishable under the laws of Malta with

imprisonment or another form of detention for a term of 12 months

or a greater punishment.

(2) Conduct also constitutes an extraditable offence in

relation to Malta if these conditions are satisfied -

(a)

the conduct occurs outside Malta;

(b) the conduct constitutes an extra-territorial offence

punishable under the law of Malta with imprisonment or another

form of detention for a term of 12 months or a greater punishment.

(3) Sub-articles (1) and (2) do not apply, however, in relation

to conduct of a person if -

(a) he is alleged to be unlawfully at large after conviction

by a court in Malta of the offence constituted by the conduct, and

(b) he has been sentenced for the offence.

(4) Conduct also constitutes an extraditable offence in

relation to Malta if these conditions are satisfied -

(a)

the conduct occurs in Malta;

(b) a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been imposed

in Malta in respect of the conduct.

(5) Conduct also constitutes an extraditable offence in

relation to Malta if these conditions are satisfied -

(a)

the conduct occurs outside Malta;

(b) the conduct constitutes an extra-territorial offence;

(c) a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been imposed

in Malta in respect of the conduct.

(6) The relevant proceedings are the proceedings in which

it is necessary to decide whether conduct constitutes an extraditable

(7) Sub-articles (1) to (5) apply for the purposes of articles

62 to 67.

Treatment of persons returned to Malta

The provisions of articles 25 and 26 of the relevant Act shall

apply to a person returned to Malta from a scheduled country.

(1) This article applies in relation to a person if -

(a) the Minister has given an undertaking in connection with

the person’s extradition to Malta, and

(b) the undertaking includes terms that the person be kept

in custody until the conclusion of any proceedings against him in

Malta for an offence.

(2) A court, judge or magistrate may grant bail to the person

in the proceedings only if the court, judge or magistrate considers that

there are exceptional circumstances which justify it.

Part IV

Miscellaneous

(1) This article applies if at the same time-

Competing claims

to extradition.

(a) there is a Part II warrant in respect of a person, a

certificate has been issued under article 7 in respect of the warrant,

and the person has not been returned in pursuance of the warrant

or discharged, and

(b) there is a request for the same person’s extradition from

a country other than a scheduled country (hereinafter in this article

referred to as the “competing request”) and the person has not

been returned in pursuance of the request or discharged.

(2) The Minister may-

(a) order proceedings (or further proceedings) on the warrant

to be deferred until the competing request has been disposed of, if

neither the warrant nor the request has been disposed of;

(b) order the person’s return in pursuance of the warrant to

be deferred until the competing request has been disposed of, if an

order for his return in pursuance of the warrant has been made.

(3) In applying sub-article (2) the Minister must take account

in particular of the circumstances in paragraphs (a) to (c), both inclusive,

of article 21(4) of the relevant Act, as well as of the following matters-

(a) the place where each offence was committed (or was

alleged to have been committed);

(b) whether in the case of each offence, the person is accused

of its commission (but not alleged to have been convicted) or is

alleged to be unlawfully at large after conviction.

(1) This article applies if-

(a) an order is made under this Order deferring proceedings

on a Part II warrant in respect of a person (the deferred claim)

until another extradition claim in respect of the person has been

disposed of, and

(b) the other extradition claim is disposed of.

(2) The court may make an order for proceedings on the

deferred claim to be resumed.

(3) No order under sub-article (2) may be made after the

end of the required period.

(4) If the person applies to the appropriate court to be

discharged, the court may order his discharge.

(5) If the person applies to the court to be discharged, the

court must order his discharge if-

(a)

the required period has ended, and

(b) the court has not made an order under sub-article (2) or

ordered the person’s discharge.

(6) The required period is 21 days starting with the day on

which the other extradition claim is disposed of.

(7) An extradition claim is made in respect of a person if -

(a)

a Part II warrant is issued in respect of him;

(b) a request for his extradition is made.

(1) This article applies if-

(a) an order is made under this Order deferring a person’s

return in pursuance of an extradition claim (the deferred claim)

until another extradition claim in respect of him has been disposed

(b) the other extradition claim is disposed of.

(2) The court may make an order for the person’s extradition

in pursuance of the deferred claim to cease to be deferred.

(3) No order under sub-article (2) may be made after the

end of the required period.

(4) If the person applies to the court to be discharged, the

court may order his discharge.

(5) If the person applies to the court to be discharged, the

court must order his discharge if-

(a)

the required period has ended, and

(b) the judge has not made an order under sub-article (2) or

ordered the person’s discharge.

(6) The required period is 21 days starting with the day on

which the other extradition claim is disposed of.

(7) An extradition claim is made in respect of a person if -

(a)

a Part II warrant is issued in respect of him;

(b) a request for his extradition is made.

Re-extradition

(1) Article 75 applies in relation to a person if the conditions Re-extradition>

preliminary

in sub-articles (2) to (6) are satisfied.

(2) The first condition is that the person was extradited to a

scheduled country in accordance with Part II.

(3) The second condition is that the person was serving a

sentence of imprisonment or another form of detention in Malta (in this

article and in articles 75 and 76 referred to as “Malta sentence”) before

he was extradited.

(4) The third condition is that the Part II warrant in

pursuance of which he was extradited contained a statement that it was

issued with a view to his extradition for the purpose of being prosecuted

for an offence.

(5) The fourth condition is that a certificate issued by a

judicial authority of the scheduled country shows that -

(a) a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment (in this article and

in articles 75 and 76 referred to as “the overseas sentence”) was

imposed on the person in the territory;

(b) the overseas sentence was imposed on him in respect

(i)

the offence specified in the warrant or request, or

(ii) any other offence committed before his extradition

in respect of which he was permitted to be dealt with in the

territory.

(6) The fifth condition is that before serving the overseas

sentence the person was returned to Malta to serve the remainder of

Malta sentence.

(1) If this article applies in relation to a person, as soon as

practicable after the relevant time the person must be brought before

the court for it to decide whether the person is to be extradited again to

the territory in which the overseas sentence was imposed.

(2) The relevant time is the time at which the person would

otherwise be released from detention pursuant to Malta sentence.

(3) If sub-article (1) is not complied with and the person

applies to the court to be discharged, the court must order his discharge.

(4) The person must be treated as continuing in legal custody

until he is brought before the court under sub-article (1) or he is

discharged under sub-article (3).

(5) If the person is brought before the court under sub-article

(1) article 76 applies.

(1) Subject to sub-article (2), if this article applies, this

Order applies as it would if-

(a) a Part II warrant had been issued in respect of the person;

(b) the warrant contained a statement that-

(i) the person was alleged to be unlawfully at large

after conviction of the relevant offence, and

(ii) the warrant was issued with a view to the

person’s arrest and extradition to the territory for the purpose

of serving a sentence imposed in respect of the relevant

offence;

(c) the warrant were issued by the authority of the territory

which issued the certificate referred to in article 74(5);

(d) the relevant offence were specified in the warrant;

(e) the hearing at which the judge is to make the decision

referred to in article 75(1) were the extradition hearing;

(f)

the proceedings before the court were under Part II.

(2) As applied by sub-article (1) this Order has effect with

the following modifications

(a) in article 13(1), paragraphs (c), (f) and (g) are to be

omitted;

(b) in article 38(2)(a), for the words “a certificate is issued

under article 7 in respect of the warrant” there shall be substituted

the words “the person would (apart from article 75(1) ) be released

from detention pursuant to Malta sentence”;

(c) in article 42(2)(a), for the words “following his arrest

under this Order” substitute the words “under article 75(1)”;

(d) in article 43(1), for the words from “arrested” to “issued”

substitute the words “brought before the court under article 75(1)

may consent to his return to the territory in which the overseas

sentence was imposed”.

Legal aid

The provisions of articles 570 to 573, both inclusive, of the Legal aid

Criminal Code shall mutatis mutandis apply to requests for legal aid in

proceedings under this Order by a person arrested by virtue of a warrant

under article 5 or article 9.

B