Extradition (Republic of Tunisia) (Amendment) Order, 2010

L.N. 46 of 2010

EXTRADITION ACT

(CAP. 276)

Extradition (Republic of Tunisia) (Amendment) Order, 2010

IN exercise of the powers conferred by article 7 of the

Extradition Act, the Minister for Justice and Home Affairs has made

the following order:-

(1)

The title of this Order is the Extradition (Republic

of Tunisia) (Amendment) Order, 2010, and it shall be read and

construed as one with the Extradition (Republic of Tunisia) Order,

hereinafter referred to as "the principal Order".

(2) This order shall be deemed to have come into force on the

1 st December, 2009.

In article 2 of the principal Order, immediately after the

definition "the relevant date" there shall be inserted the following

new definition

" "the requested country" means the country receiving the

request for extradition;

"the requesting country" means the country making the

request for extradition;".

For article 6 of the principal Order there shall be

substituted the following

"6.

If the request for extradition concerns several

distinct offences, each offence being punishable by the

requesting and the requested countries' laws by imprisonment,

in the case that some offences do not meet the condition relative

to the sentence's duration laid down in Article 8(1)(a) of the

relevant Act, extradition may also be granted for the latter

offences.".

For paragraph (b) of article 7 of the principal Order, there

shall be substituted the following

"(b) immediately after sub-article (3) of the relevant Act there

shall be added the following

"(3A) When the description of the offence charged is

altered in the course of proceedings, a person shall not be

returned under this Act to any country, or committed to or kept

in custody for the purpose of such return, unless provision is

made by the law of that country, or by an arrangement made

with that country, that the extradited person will only be dealt

with insofar as the offence, under its new description, is shown

to be an extraditable offense and is based on the same facts

contained in the extradition request.".".

Immediately after article 8 of the principal Order, there Adds new

article 8A to the

shall be added the following new article

principal Order.

For the purposes of this Order,

"Adds new article 11A

to the relevant Act.

immediately after article 11 of the

relevant Act there shall be added the

following new article

"Further extradition.

A person returned to the

Republic of Tunisia, may not be the

subject of onward extradition or

surrender for any offence committed

prior to extradition unless the Minister

consents."."

6. Article 9 of the principal Order shall be substituted by the Substitutes

article 9 of the

following

principal Order.

9. For the purposes of this Order,

"Adds new article 12A

to the relevant Act.

immediately after article 12 of the

relevant Act there shall be added the

following new article

(1)

f the court commits the

" Temporary Surrender.

person to custody to await his return and

the person is still being prosecuted for

some offence committed within Maltese

jurisdiction or is undergoing sentence in

Malta, the court may temporarily

surrender the person requested to the

Republic of Tunisia for the purpose of

prosecution.

(2) The temporary surrender shall

take place in accordance with the

conditions agreed in writing with the

authority making the request for

extradition.".".

7. Article 11 of the principal Order shall be deleted.

Deletes article

11 of the

principal Order.

8. For article 14 of the principal Order there shall be

substituted the following

"14. For the purposes of this Order, immediately after sub-

article (3) of article 25 of the relevant Act there shall be added the

following

"(3A) (a)When the description of the offence charged has

been altered in the course of extradition proceedings, a person

returned to Malta shall only be dealt with insofar as the offence,

under its new description, is shown to be an extraditable offence

and is based on the same facts contained in the extradition

request.

(b)A person returned to Malta may not be

extradited to a third State for any offense committed prior to

extradition to Malta unless the requested country consents."

(c)The foregoing provisions of this sub-article shall

not prevent the further extradition of a person to a third State or

international tribunal, if

(i) that person leaves the territory of Malta after

extradition and voluntarily returns to it; or

(ii) that person does not leave the territory of

Malta within 45 days of the day on which that person is in

a position to leave.".".

9. Article 15 of the principal Order shall be amended as

follows

(a) in sub-article (1) thereof, immediately after the words

"surrendered to the Republic of Tunisia" there shall be inserted the

words "by a third State"; and

(b) immediately after sub-article (3) thereof, there shall be

added the following

"(4)

A person being conveyed through Malta in the

course of his extradition or removal as a convicted prisoner

from one country to another shall be kept in custody during the

period of transit.".