Extradition (United States of America) (Amendment) Order, 2010

L.N. 48 of 2010

EXTRADITION ACT

(CAP. 276)

Extradition (United States of America) (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:-

The title of this Order is the Extradition (United States of Citation.

America) (Amendment) Order, 2010, and it shall be read and

construed as one with the Extradition (United States of America) S.L.276.07.

Order, hereinafter referred to as "the principal Order".

In article 2 of the principal Order, immediately after the Amends article

definition "the relevant date" there shall be inserted the following 2 principal

new definition

" "the requested State" means the State receiving the request for

extradition;".

For article 4 of the principal Order there shall be Substitutes

article 4 of the

substituted the following

principal Order.

"4.

For the purposes of this Order, article 8(1)(a) of the

relevant Act shall apply as if for the words "under that law"

therein there were substituted the words "under Maltese law and

under that law" and for the words "twelve months" therein,

there were substituted the words "of more than twelve

months".".

Article 6 of the principal Order shall be amended as Amends article

6 of the

follows

principal Order.

(a) in paragraph (b) thereof, for the words "ordered."; and"

there shall be substituted the words "ordered."; and

(b) paragraph (c) thereof shall be deleted.

Article 6 of the principal Order shall be renumbered as Amends article

sub-article (1) thereof, and immediately thereafter there shall be 6 principal

added the following new sub-article

"(2)

For the purposes of this Order immediately after

sub-article (3) of article 10 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 by its

constituent elements to be an extraditable offence and is

based on the same facts contained in the extradition

request and is punishable by the same maximum penalty

as, or a lesser maximum penalty than, the offence for

which extradition was granted.".

Immediately after article 7 of the principal Order there

shall be added the following new article

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

United States of America, may not be

extradited to a third State or to an

international tribunal for any offence

committed prior to extradition unless the

Minister consents."."

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

substituted the following

8. 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)

If the court commits

" Temporary Surrender.

the 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 United States of America

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.".".

8. Article 10 of the principal Order shall be deleted.

Deletes article

10 of the

principal Order.

9. In article 11 of the principal Order, in sub-article (2) Amends article

thereof, for the words "Justice and" there shall be substituted the 11

principal Order.

words "Justice or of the Ministry or Department responsible for

Foreign Affairs and".

10. Article 13 of the principal Order shall be amended as Amends article

13 of the

follows

principal Order.

(a) for paragraph (c) thereof, there shall be substituted the

following

"(c) 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 by its constituent elements

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

contained in the extradition request and is punishable by the

same maximum penalty as, or a lesser maximum penalty than,

the offence for which extradition was granted.

(b)

A person returned to Malta may not be extradited

to a third State or to an international tribunal for any offence

committed prior to extradition to Malta unless the requested

State consents.

(c)

The foregoing provisions of this sub-article shall

not prevent the further extradition of a person to a third State 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 30 days of the day on which that person is in a position to

leave."; and

(b) in paragraph (d) thereof, for the words " "thirty"; and"

there shall be substituted the words " "thirty"."; and

(c)

paragraph (e) thereof shall be deleted.

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

follows

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

"surrendered to the United States of America" there shall be inserted

the words "by a third State"; and

(b) immediately after sub-article (2) thereof, there shall be

added the following new sub-article

"(3)

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.".

12. In article 16 of the principal Order, for the words "is

punishable by one year’s deprivation of liberty or less," there shall be

substituted the words "does not meet the conditions relative to the

sentence’s duration laid down in article 8(1)(a) of the relevant Act,".