Extradition (Designated Foreign Countries) (Amendment) Order,

L.N. 367 of 2007

EXTRADITION ACT

(CAP. 276)

Extradition (Designated Foreign Countries) (Amendment) Order,

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>-

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”.

Article 5A of the principal order shall be amended as follows>

(a) in sub-article (1) thereof, for the words “which is

accompanied by” there shall be substituted the words “, details of

which are reproduced in,”< and

(b) in sub-article (2) thereof, for the words “which is

accompanied by” there shall be substituted the words “, details of

which are reproduced in,”.

In sub-paragraph (c) of article 20 of the principal order,

immediately before the words “consent has not been given” there shall

be added the words “after having been sought from the extraditing

country immediately upon the person’s return to Malta,”.

Immediately after article 27 of the principal order there shall

be inserted the following new article>

“Decision on

The decision on surrender shall be taken by the

surrender.

court within one month starting on the day when the person

in respect of whom the Part II warrant was issued was

arrested.”.

5. For sub-article (2) of article 28A of the principal order there

shall be substituted the following>

“(2) If the court commits the person to custody to await his

return and the person is still being prosecuted for the charges

referred to in sub-article (1), it may>

(a) postpone the surrender of the person until any of

the following occurs>

(i) the charge is disposed of<

(ii) the charge is withdrawn<

(iii) proceedings in respect of the charge are

discontinued<

(iv) the proceedings are put off sine die< or

(b) temporarily surrender the person under conditions

agreed in writing with the authority which issued the Part II

warrant.”.

Article 31 of the principal order shall be amended as follows> Amends article 31

6. of the principal

order.

(a) in sub-article (2) thereof, for the words “be unjust or

oppressive” there shall be substituted the words “endanger his life

or health”< and

(b) for paragraph (a) in sub-article (3) thereof, there shall

be substituted the following>

“(a)

postpone surrender, or”.

7. Immediately after article 32 of the principal order, there shall Adds new

article 32A

be inserted the following new article>

to the principal

order.

The decision by the Court of Criminal Appeal

“Decision of

shall be taken not later than one month starting on the day

when an appeal is filed by the Attorney General or by the

person in respect of whom the Part II warrant was issued was

arrested.”.

8. In sub-article (7) of article 44 of the principal order, for the Amends article 44

of the principal

words “order his discharge” there shall be substituted the words “order order.

his discharge unless reasonable cause is shown for the delay”.

9. In subparagraph (b) of sub-article (5) of article 73 of the Amends article 73

of the principal

principal order, for the words “the judge” there shall be substituted the order.

words “the court”.

10. Immediately after article 73D of the principal order, there

shall be added the following new article>

73E. (1) Where the person in respect of whom a Part

“Time limits

for surrender

II warrant is issued, enjoys a privilege or immunity regarding

jurisdiction or execution in Malta, the time limits for surrender

shall not start running unless, and counting from the day when,

the court is informed of the fact that the privilege or immunity

has been waived.

(2) Where power or authority to waive the

privilege or immunity lies with the Maltese authorities, the

court shall forthwith request the relevant authority to exercise

that power.”.

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

Lm0.12 (€0.28)