Extradition (Designated Foreign Countries)

L.N. 213 of 2011

EXTRADITION ACT

(CAP. 276)

Extradition (Designated Foreign Countries)

(Amendment) Order, 2011

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 (Designated Citation.

Foreign Countries) (Amendment) Order 2011, and this Order shall be

read and construed as one with the Extradition (Designated Foreign S.L. 276.05.

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

In the definition "the Arrangement" in article 2 of the Amends article

principal Order, immediately after the words "1st June, 2004" there 2 principal

shall be added the words "as amended by Council Framework

Decision 2009/299/JHA of the 26th February, 2009".

Article 23 of the principal Order shall be amended as Amends article

23 of the

follows

principal Order.

(a) subarticle (3) thereof shall be substituted by the

following new subarticle

"(3) If the court decides that question in the

negative, it must decide whether from the Part II warrant it

is shown that any of the following circumstances exist

(a)

the person requested was in due time

(i) summoned in person and thereby

informed of the scheduled date and place of

the trial which resulted in the decision, or by

other means actually received official

information of the scheduled date and place

of that trial in such a manner that it was

unequivocally established that he was aware

of the scheduled trial; and

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(ii) informed that a decision may be

handed down if he does not appear for the

trial; or

(b) the person requested, being aware of

the scheduled trial, had given a mandate to legal

counsel appointed by him or by the scheduled

country, to defend him at his trial, and was indeed

defended by the said legal counsel at the trial; or

(c) the person requested, after being served

with the decision and being expressly informed of

the right to a retrial or an appeal, in which he has

the right to participate and which allows the merits

of the case, including fresh evidence, to be re-

examined and which may lead to the original

decision being reversed, expressly stated that he

does not contest the decision or he did not request

a retrial or an appeal within the applicable time-

frame; or

(d) the person against whom the relevant

arrest warrant was issued was not personally

served with the decision but

(i) will be personally served with the

said decision without delay after the

surrender and will be expressly informed of

his right to a retrial or an appeal, in which he

will have a right to participate and which

allows the merits of the case, including fresh

evidence, to be re-examined, and which may

lead to the original decision being reversed;

and

(ii) will be informed of the time-

frame within which he has to request such a

retrial or an appeal as is mentioned in the

Part II warrant.";

(b) subarticles (5) and (6) thereof shall be

deleted; and

(c) subarticle (7) thereof

shall

be

renumbered as subarticle (5) thereof.

Immediately after article 23 of the principal Order, there Adds new

article to the

shall be added the following new article

principal Order.

(1)

" Where a Part

When a Part II warrant was

issued after conviction under the conditions of

II warrant is

issued after

article 23(3)(d) and the person requested has

conviction.

not previously

received

any official

information about the existence of any criminal

proceedings against him, he may, when being

informed under article 11(1)(b) about the

content of the Part II warrant, request to receive

a copy of the judgement before being

surrendered.

(2) The judicial authority which issued

the Part II warrant shall be informed of a

request made under subarticle (1).

(3) The receipt of a copy of the said

judgement will only serve for information

purposes and shall not be deemed as a formal

service of the said judgement, nor will it have

the effect of actuating any time-limits

applicable to request a retrial or an appeal.

(4) A request made under subarticle (1)

shall not operate as a cause to suspend the time-

limits within which the decision on surrender is

to be taken.".

5. Immediately after subarticle (2) of article 33 of the Amends article

33 of the

principal Order, there shall be added the following new subarticle

principal Order.

"(3) The decision on any proceedings as those described

in article 21(2)(b) of the relevant Act shall be taken not later

than one month starting on the day when the proceedings are

instituted.".

6. Paragraph (c) of subarticle (4) of article 58 of the principal Amends article

58 of the

Order shall be substituted by the following

principal Order.

"(c) article 23(3)(c) and (d) and article 23A(3) have

effect as if after the words "a retrial or an appeal”, wherever

they occur, there were inserted the words "in the convicting

territory";".

7. Immediately after subarticle (3) of article 73C of the Amends article

73C of the

principal Order there shall be added the following new subarticle

principal Order.

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"(4) A person being conveyed through Malta in the

course of his extradition or removal as a convicted prisoner to a

scheduled country shall be kept in custody during the period of

transit.".

€0.36