Extradition (Designated Foreign Countries)

L.N. 275 of 2007

EXTRADITION ACT

(CAP. 276)

Extradition (Designated Foreign Countries)

(Amendment) Order, 2007

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>-

(1) The title of this order is the Extradition (Designated

Foreign Countries) (Amendment) Order, 2007 and it shall be read and

construed as one with the Extradition (Designated Foreign Countries)

Order, 2004, hereinafter referred to as “the principal Order”.

(2) The scope of this order is to transpose the Convention

th

of the 19 June, 1990 implementing the Schengen Agreement of 14th

June, 1985 between the Governments of the States of the Benelux

Economic Union, the Federal Republic of Germany and the French

Republic on the gradual abolition of checks at their common borders.

Immediately after the definition “scheduled country” there

shall be inserted the following new definition>

“ “Schengen Information System” shall have the same meaning

assigned to it by the Criminal Code<”.

Immediately after article 6 of the principal order there shall

Adds new article 6A

be added the following new article>

“Schengen

(1) This article applies in a case where an Article

Information

95 alert is issued in the Schengen Information System by an

System

Article 95

authority of a scheduled country.

alerts.

(2) In such a case, this Order applies as if -

(a) the alert were a Part II warrant issued by

the authority, pending the receipt of the original in

due and proper form<

(b) any information sent with the alert

relating to the case were included in the warrant.

(3) As applied by sub-article (2) hereof, this Order

has effect with these modifications -

(a) in articles 7 and 13A, for the words

“authority which issued a Part II warrant” there shall

be substituted “authority at the request of which

the alert was issued”<

(b) in articles 28A(3)(b),34(4)(b), 35(3)(b),

45(3)(b), 47(3)(b), 73D(1) and (2), for the words

“authority which issued the Part II warrant” there

shall be substituted “authority at the request of

which the alert was issued”<

(c)

article 9 shall be omitted; and

(d) in article 61(2), for the words from

“believes has the function of issuing arrest warrants

in that territory” there shall be substituted “believes

is the authority at the request of which the alert was

issued”.

(4) An Article 95 alert is an alert issued pursuant

to Article 95 of the Convention of the 19th June, 1990

implementing the Schengen Agreement (CISA) of 14th

June 1985.”.

4. Immediately after article 62 of the principal order there shall Adds new article

62A to the principal

be inserted the following new article>

order.

62A. Where a Part III warrant is issued in respect of a

person whose whereabouts are unknown, the Magistrate shall,

ex officio or at the request of the police, request the issue of

an alert in the Schengen Information System.”.

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