Extradition (Designated Foreign Countries) (Amendment) Order,

L.N. 199 of 2022

EXTRADITION ACT

(CAP. 276)

Extradition (Designated Foreign Countries) (Amendment) Order,

IN EXERCISE of the powers conferred by article 7 of the

Extradition Act, the Minister for Justice and Governance, has made the

following order

The title of this order is the Extradition (Designated Citation.

Foreign Countries) (Amendment) Order, 2022 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 sub-article (3) of article 12 of the principal order the Amends article

word "must" shall be substituted by the words "may, after considering 12

principal order.

all the circumstances of the case on their own merits,".

In article 14 of the principal order, immediately after the Amends article

words "a court of a scheduled country" there shall be added the words 14

principal order.

"or has been finally judged by a court in Malta".

Article 19 of the principal order shall be substituted by the Amends article

19 of the

following new article

principal order.

(1) In any case, a person who has been

"Earlier extradition

to Malta from a

surrendered to a scheduled country pursuant to a

scheduled country

or a third country.

European arrest warrant may, without the consent of the

executing country, be surrendered to another scheduled

country pursuant to a European arrest warrant issued

for any offence committed prior to his surrender in the

following cases

(a) where the requested person, having

had an opportunity to leave the territory of the

country to which he has been surrendered, has not

done so within forty-five (45) days of his final

discharge, or has returned to that territory after

leaving it;

(b) where the requested person consents to

be surrendered to a scheduled country other than

the executing country pursuant to a European

arrest warrant. Consent shall be given before the

court and this shall be recorded in a clear manner

attesting that the person concerned has given his

consent voluntarily and in full awareness of the

consequences. The requested person shall have

the right to legal counsel; and

(c) where the requested person is not

subject to the speciality rule in accordance with

this Order.

(2) A person who has been surrendered

pursuant to a European arrest warrant shall not be

extradited to a third country without the consent of the

competent authority of the scheduled country which

surrendered the person. Consent shall be given in

accordance with the applicable conventions.".

5. In sub-article (5) of article 23 of the principal order, the

word "must" shall be substituted by the word "may".

6. Article 28 of the principal order shall be amended as

(a) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) Notwithstanding the court is informed that a

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

charged with an offence in Malta based on the same act on

which the Part II warrant is based, the court shall continue

with the extradition hearing."; and

(b)

sub-article (3) thereof shall be deleted.

7. Sub-article (1) of article 28A of the principal order shall be

substituted by the following new sub-article

"(1) This article applies if the court after deciding to

execute the European arrest warrant is informed that the person

in respect of whom the Part II warrant is issued is charged with

an offence in Malta based on an act other than the act on which

the Part II warrant is based.".

8. Sub-article (1) of article 29 of the principal order shall be

substituted by the following new sub-article

"(1) This article applies if the court after deciding to

execute the European arrest warrant is informed that the person

in respect of whom the Part II warrant is issued, is serving a

sentence of imprisonment or another form of detention in

Malta.".

9. Article 31 of the principal order shall be amended as Amends article

31 of the

principal order.

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) This article applies, once the decision to

execute a Part II warrant is taken, and it appears to the court

that the conditions in sub-article (2) are satisfied."; and

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The conditions are that for serious humanitarian

reasons including the existence of serious grounds that

would manifestly endanger the requested person’s life or

health.".

10. Article 34 of the principal order shall be amended as Amends article

34 of the

principal order.

(a) paragraph (b) of sub-article (4) thereof shall be

substituted by the following new paragraph

"(b) if the court is informed that the judicial

authority which issued the Part II warrant has, on the

ground that the surrender of the person is prevented by

circumstances beyond the control of the scheduled country

and of Malta, agreed to a later date, ten (10) days starting

from the later date."; and

(b) sub-article (6) thereof shall be substituted by the

following new sub-article

"(6) Notwithstanding anything contained in article

21(2)(b) and (c) of the Act, if within the period mentioned

in sub-article (4), and before he is returned to the scheduled

country, the person files any proceedings as those described

in article 21(2)(b) and (c) of the Act even if he failed to

appeal within the time allowed by the Act, the provisions of

this article shall apply.".

11. Article 35 of the principal order shall be amended as

(a) Paragraph (b) of sub-article (3) thereof shall be

substituted by the following new paragraph

"(b) if the court is informed that the judicial

authority which issued the Part II warrant has, on the

ground that the surrender of the person is prevented by

circumstances beyond the control of the scheduled country

and of Malta, agreed to a later date, ten (10) days starting

from the later date."; and

(b) Sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) If sub-article (3) is not complied with, the court

must order his discharge.".

12. In sub-article (4)(b) of article 42 of the principal order, the

words "been made." shall be substituted by the words "been made:"

and immediately after there shall be added the following new proviso

"Provided that the final decision on the execution of the

Part II warrant shall be taken by the court within a period of ten (10)

days from when the requested person consents to his surrender, while a

final decision on the execution of the Part II warrant shall be taken

within a period of sixty (60) days after the arrest of the requested

person when the requested person does not consent to his surrender.".

13. Article 44 of the principal order shall be amended as

(a) in sub-article (5) thereof, immediately after the words

"The court must" there shall be added the words "by final

decision delivered"; and

(b) sub-article (7) thereof shall be substituted by the

following new sub-article

"(7) If sub-article (5) is not complied with the court

must order his discharge.".

14. Sub-article (4) of article 45 of the principal order shall be

substituted by the following new sub-article

"(4) If sub-article (3) is not complied with the court must

order his discharge.".

15. Sub-article (4) of article 47 of the principal order shall be Amends article

47 of the

substituted by the following new sub-article

principal order.

"(4) If sub-article (2) is not complied with the court must

order his discharge.".

16. Sub-article (6) of article 52 of the principal order shall be Amends article

52 of the

substituted by the following new sub-article

principal order.

"(6) The court may extend the required period for another

period of thirty (30) days if it believes it to be in the interest of

justice to do so.".

17. Sub-article (6) of article 54 of the principal order shall be Amends article

54 of the

substituted by the following new sub-article

principal order.

"(6) The court may extend the required period for another

period of thirty (30) days if it believes it to be in the interest of

justice to do so.".

18. Article 59 of the principal order shall be amended as Amends article

59 of the

principal order.

(a) in paragraph (c) of sub-article (4) thereof, the words

"in corresponding circumstances" shall be substituted by the

words "in the case of an offence not listed in Schedule 2, in

corresponding circumstances,"; and

(b) in paragraph (b) of sub-article (4A) thereof the words

"the conduct would constitute an offence" shall be substituted by

the words "in the case of an offence not listed in Schedule 2, the

conduct would constitute an offence".

19. Article 60 of the principal order shall be amended as Amends article

60 of the

principal order.

(a) paragraph (c) of sub-article (2) thereof shall be

substituted by the following new paragraph

"(c) the certificate shows that a sentence of

imprisonment or another form of detention for a term of

four (4) months or a greater punishment has been imposed

in the scheduled country in respect of the conduct.";

(b)

sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) The conduct also constitutes an extraditable

offence in relation to the scheduled country if these

conditions are satisfied

(a) the conduct occurs outside the

scheduled country; and

(b) a sentence of imprisonment or another

form of detention for a term of four (4) months or

a greater punishment has been imposed in the

scheduled country in respect of the conduct."; and

(c)

sub-article (4A) thereof shall be deleted.

In sub-article (2) of article 72 of the principal order, the

words "to be resumed." shall be substituted by the words "to be

resumed:" and immediately after there shall be added the following

new proviso

"Provided that in any case, the final decision on the

execution of the Part II warrant shall be taken by the court within a

period of ten (10) days from when the requested person consents to his

surrender while a final decision on the execution of the Part II warrant

shall be taken within a period of sixty (60) days after the arrest of the

requested person when the requested person does not consent to his

surrender.".

€0.54