EXTRADITION (REPUBLIC OF ICELAND AND KINGDOM OF NORWAY) ORDER

SUBSIDIARY LEGISLATION 276.08

EXTRADITION (REPUBLIC OF ICELAND AND

KINGDOM OF NORWAY) ORDER

*

LEGAL NOTICES 320 of 2004 (as amended by Legal Notices 224 of

2006, 275, 367, 390 and 396 of 2007, 278 of 2008, 123 of 2010, 213 of

2011, and 245, 249 and 421 of 2013), 289 of 2005 and 72 of 2007,

consolidated, and as adapted by Legal Notice 332 of 2009 (as amended by

Legal Notice 32 of 2010).

PART I

General

(1) The title of this Order is the Extradition (Republic of

Iceland and Kingdom of Norway) Order.

(2) This Order shall enter into force on such day as the

Minister shall order in the Gazette after the Arrangement enters

into force in accordance with the terms of the said Arrangement.

Amended by

L.N. 289 of 2005.

(Article 2)

Substituted by

L.N. 224 of 2006.

Amended by

L.N. 72 of 2007.

Adapted by

L.N. 332 of 2009.

Republic of Iceland

Kingdom of Norway

In this Order, unless the context otherwise requires -

"the Arrangement" means the Agreement between the European

Union and the Republic of Iceland and the Kingdom of Norway on

the surrender procedure between t he Member St ates of the

European Union and Iceland and Norway, done at Vienna on the

28th June, 2006 (OJ L 292 of 21 October 2006), adopted pursuant

to the Treaty published in the Gazette dated 20th November, 2009;

"the extradition hearing" is the hearing in which the court is to

decide whether a person in respect of whom a warrant as is referred

to in article 5(2) was issued is to be returned to the scheduled

country in which the warrant was issued;

"the Minister" means the Minister responsible for justice;

"Part II warrant" means a warrant referred to in article 5;

"Part III warrant" means a warrant referred to in article 62;

"the relevant Act" means the Extradition Act;

"the relevant date" shall have the same meaning assigned to it by

article 1;

"relevant arrest warrant for prosecution" shall have the same

meaning assigned to it by article 5(3) or article 5A(1);

"relevant arrest warrant after conviction" shall have the same

meaning assigned to it by article 5(6) or article 5A(2);

"requesting country" shall have the same meaning assigned to it

by article 6;

*not yet in force.

"scheduled conduct" is a conduct in the list of conduct set out in

Schedule 2;

"scheduled country" means a country listed in Schedule 1;

"Schengen Information System" shall have the same meaning

assigned to it by the Criminal Code;

"the Treaty" has the same meaning as is assigned to it by the

European Union Act.

Participation in a criminal organisation.

Terrorism.

Trafficking in human beings.

Sexual exploitation of children and child pornography.

Illicit trafficking in narcotic drugs and psychotropic substances.

Illicit trafficking in weapons, munitions and explosives.

Corruption.

Fraud, including that affecting the financial interests of the European

Communities within the meaning of the Convention of 26 July 1995 on the

protection of the European Communities’ financial interests.

Laundering of the proceeds of crime.

Counterfeiting currency, including of the euro.

Computer-related crime.

Environmental crime, including illicit trafficking in endangered animal

species and in endangered plant species and varieties.

Facilitation of unauthorised entry and residence.

Murder, grievous bodily injury.

Illicit trade in human organs and tissue.

Kidnapping, illegal restraint and hostage-taking.

Racism and xenophobia.

Organised or armed robbery.

Illicit trafficking in cultural goods, including antiques and works of art.

Swindling.

Racketeering and extortion.

Counterfeiting and piracy of products.

Forgery of administrative documents and trafficking therein.

Forgery of means of payment.

Illicit trafficking in hormonal substances and other growth promoters.

Illicit trafficking in nuclear or radioactive materials.

Trafficking in stolen vehicles.

Rape.

Arson.

Crimes within the jurisdiction of the International Criminal Court.

Unlawful seizure of aircraft/ships.

Sabotage.

(1) Only the provisions of this Order, save where

otherwise expressly indicated, shall apply to requests received or

made by Malta on or after the relevant date for the return of a

fugitive criminal to or from a scheduled country, or to persons

returned to Malta from a scheduled country in pursuance of a

request made under this Order, and the provisions of this Order

shall have effect in relation to the return under this Order of

persons to, or in relation to persons returned under this Order from,

any scheduled country subject to such conditions, exceptions,

adaptations or modifications as are specified in this Order.

(2) The relevant Act and any applicable Order in force before

the relevant date shall continue to apply to requests for the return

of a fugitive criminal to a scheduled country pending in Malta on

the relevant date and to requests made by Malta to a scheduled

country before the relevant date, and any arrangement applicable

between that country and Malta before the relevant date shall also

continue to apply to those requests.

(3) Where a scheduled country has, in terms of the

Arrangement, given notice that as the requested country the

legislation in force before its legislation implementing the

provisions of the Arrangement applies to acts committed before a

date specified by it, the relevant Act and any applicable Order in

force before the relevant date shall continue to apply to those acts

and any arrangement applicable between that country and Malta

before the relevant date shall also continue to apply thereto.

(1) Subject to the provisions of article 3, those countries

listed in Schedule 1 are hereby being designated as foreign

countries for the purposes of article 7 of the relevant Act in respect

of requests for the return of fugitive criminals from or to a

scheduled country received or made by Malta on or after the

relevant date and any arrangement with any such country, other

than the Arrangement, applicable to Malta before the relevant date

shall, in respect of such requests, be deemed to have been revoked

with effect from the relevant date.

(2) Subject to the provisions of article 3, the provisions of the

Extradition (Designated Foreign Countries) Order (No.2), of the

Extraditon (Designated Foreign Countries) Order, and those of the

European Convention on Extradition (Fiscal Offences) Order, in so

far as applicable to any scheduled country before the relevant date

shall with effect from the relevant date no longer apply to any such

country in respect of requests for the return of fugitive criminals

from or to a scheduled country received or made by Malta after the

relevant date.

PART II

Extradition to scheduled countries

(1) The provisions of this Part apply to any arrest warrant

as is referred to in subarticle (2).

(2) The reference to any arrest warrant in subarticle (1) is a

reference to a relevant arrest warrant for prosecution or a relevant

arrest warrant after conviction.

(3) A relevant arrest warrant for prosecution is a warrant issued

by a judicial authority of a scheduled country and which contains -

(a) the statement referred to in subarticle (4), and

(b) the information referred to in subarticle (5).

(4) The statement referred to in sub-article (3)(a) is one that the

person in respect of whom the warrant is issued is wanted in the

scheduled country for the purposes of conducting a criminal

prosecution for the commission of an offence specified in the

warrant.

(5)

The information is -

(a) to the extent applicable, the particulars mentioned in

article 13(2)(b)(i) and (ii) of the relevant Act

Provided that this paragraph shall be deemed to have

been complied with notwithstanding the fact that a

copy of the relative enactments or of a statement of the

relevant law may have not been furnished;

(b) particulars of any other warrant issued in the

requesting country for the person’s arrest in respect of

the offence;

(c) particulars of the sentence which may be imposed

under the law of the requesting country in respect of

the offence if the person is convicted of it.

(6) A relevant arrest warrant after conviction is a warrant

issued by a judicial authority of a scheduled country and which

contains -

(a) the statement referred to in subarticle (7) and

(b) the information referred to in subarticle (8).

(7)

The statement is one that -

(a) the person in respect of whom the warrant is issued is

alleged to be unlawfully at large after conviction of an

offence specified in the warrant by a court in the

scheduled country, and

(b) the warrant is issued with a view to his arrest and

extradition to the scheduled country for the purpose of

being sentenced for the offence or of serving a

sentence of imprisonment or another form of detention

imposed in respect of the offence.

(8)

The information is -

(a) to the extent applicable, the particulars mentioned in

article 13(2)(b)(i) and (ii) of the relevant Act

Provided that this paragraph shall be deemed to have

been complied with notwithstanding the fact that a

copy of the relative enactments or of a statement of the

relevant law may have not been furnished;

(b) particulars of the conviction;

(c) particulars of any other warrant issued in the

requesting country for the person’s arrest in respect of

the offence;

(d) particulars of the sentence which may be imposed

under the law of the requesting country in respect of

the offence, if the person has not been sentenced for

the offence;

(e) particulars of the sentence which has been imposed

under the law of the requesting country in respect of

the offence, if the person has been sentenced for the

offence.

(9) Any arrest warrant to which this Part applies may be

transmitted by any secure means capable of producing written

records and under conditions permitting the ascertainment of its

authenticity.

(1) A form, as contained in the Annex to the Arrangement,

purporting to reproduce details setting out the information required

by the same form and containing the statement referred to in article

5(4), shall constitute a relevant arrest warrant for prosecution for

the purposes of this order.

(2) A form, as contained in the Annex to the Arrangement,

purporting to reproduce details setting out the information required

by the same form and containing the statement referred to in article

5(7), shall constitute a relevant arrest warrant after conviction for

the purposes of this order.

A Part II warrant shall be deemed to be a request for the

return of a fugitive criminal by the scheduled country where the

warrant was issued and, unless the context otherwise requires that

country shall be deemed to be a "requesting country" within the

meaning of this Order and of the relevant Act.

(1) This article applies in a case where an Article 26 alert is

issued in the Schengen Information System by an authority of a

scheduled country.

(2)

In such a case, this Order applies as if -

(a) the alert were a Part II warrant issued by the authority,

pending the receipt of the original in due and proper

form;

(b) any information sent with the alert relating to the case

were included in the warrant.

(3)

As applied by subarticle (2), this Order has effect with

these modifications -

(a) in article 7 for the words "issuing arrest warrants"

there shall be substituted the words "requesting the

issue of alerts";

(b) in articles 7 and 13A, for the words "authority which

issued a Part II warrant" there shall be substituted

"authority at the request of which the alert was

issued";

(c) in articles 28A(3)(b), 34(4)(b), 35(3)(b), 45(3)(b),

47(3)(b), 73D(1) and (2), for the words "authority

which issued the Part II warrant" there shall be

substituted "authority at the request of which the alert

was issued";

(d) article 9 shall be omitted; and

(e) in article 61(2), for the words from "believes has the

function of issuing arrest warrants in that territory"

there shall be substituted "believes is the authority at

the request of which the alert was issued".

(4) An Article 26 alert is an alert issued pursuant to Article 26 of

Council Decision 2007/533/JHA of 12 June 2007 on the

establishment, operation and use of the second generation Schenhen

Information System (SIS II).

The Attorney General may, in his own individual

judgement, issue a certificate to the effect that the authority which

issued a Part II warrant has the function of issuing arrest warrants

in the requesting country and such certificate shall be conclusive of

its contents.

Arrest

(1) Where a certificate has been issued by the Attorney

General under article 7, this article shall apply.

(2) Without the need of any further authority under the relevant

Act other than the authority conferred by this article the warrant

may be executed by a police officer not below the rank of Inspector

even if neither the warrant nor a copy of it is in the possession of

the person executing it at the time of the arrest.

(3) A copy of the warrant must be given to the person arrested

as soon as practicable after his arrest.

(4) The provisions of article 15(1) of the relevant Act shall

apply to the person arrested under this article.

(5) If subarticle (3) is not complied with and the person

arrested applies to the court to be discharged the court may order

his discharge.

(6) If subarticle (4) is not complied with and the person

arrested applies to the court to be discharged, the court must order

his discharge.

(7) A person arrested under the warrant must be treated as

continuing in legal custody until he is brought before the court

under subarticle (4) or he is discharged under subarticles (5) or (6).

(1) A provisional warrant for the arrest of a person accused

of an extraditable offence or alleged to be unlawfully at large after

conviction of such an offence may be issued by a magistrate as

provided in articles 14(1) and 14(2) of the relevant Act and such

warrant shall be forthwith executed by a Police officer.

(2) The provisions of article 15(1) of the relevant Act shall

apply to the person arrested under this article.

(3) At the initial hearing upon the person arrested under a

provisional warrant being brought before the court as provided in

subarticle (2) the following documents must be produced

(a) a Part II warrant;

(b) a certificate under article 7 in respect of the warrant.

(4) If subarticle (2) or subarticle (3) are not complied with and

the person applies to be discharged, the court must order his

discharge.

(5) The person must be treated as continuing in legal custody

until he is brought before the court under subarticle (2) or he is

discharged under subarticle (4).

The initial hearing

(1) This article applies if -

(a) a person arrested by virtue of a warrant mentioned in

article 5 is brought before the court under article 8(4),

or

(b) a person is arrested under article 9 and article 9(3) is

complied with.

(2) The court must decide whether the person brought before it

is the person in respect of whom -

(a) the warrant referred to in subarticle (1)(a) was issued,

or

(b) the warrant referred to in article 9(3) was issued.

(3) The court must decide the question in subarticle (2) on a

balance of probabilities.

(4) If the court decides the question in subarticle (2) in the

negative it must order the person’s discharge.

(5) If the court decides that question in the affirmative it must

proceed under article 11.

(1) If the court is required to proceed under this article it

must -

(a) fix a date on which the extradition hearing is to begin,

which date must be not later than twenty days from the

date of the initial hearing;

(b) inform the person of the contents of the warrant

referred to in article 5;

(c) give the person the required information about

consent.

(1A) The person brought before the court

(a) shall have the right to be assisted by a lawyer or legal

procurator, and

(b) if he does not understand the language in which the

proceedings are conducted, shall have the right to the

appointment of an interpreter.

(2)

The required information about consent is -

(a) that the person may consent to his return to the

scheduled country in which the warrant was issued;

(b) that upon his consent to his return the provisions of

article 15(5) of the relevant Act shall apply;

(c) an explanation of the procedure that will apply if he

gives his consent;

(d) that consent must be given before the court and is

irrevocable.

The extradition hearing

(1) Where a person in respect of whom a warrant as is

referred to in article 5(2) has been issued is brought before the

court for the extradition hearing the following provisions shall

apply.

(2) The court must decide whether the offence specified in the

warrant is an extraditable offence.

(3) If the court decides the question in subarticle (2) in the

negative it must order the person’s discharge.

(4) If the court decides that question in the affirmative it must

proceed under article 13.

(1) If the court is required to proceed under this article it

must decide whether the person’s return to the scheduled country is

prohibited by reason of -

(a) the rule of ne bis in idem;

(b) prescription or lapse of time;

(c) the person’s age;

(d) speciality;

(e) the person’s earlier extradition to Malta from another

scheduled country;

(f)

the person’s earlier extradition to Malta from a country

other than a scheduled country;

(g) amnesty;

(h) death penalty.

(2)

Articles 14 to 22 apply for the interpretation of subarticle

(3) If the court decides that the person’s return is barred by any

of the reasons mentioned in subarticle (1), it must order the

person’s discharge.

(4) If the court decides that the person’s return is not barred by

any of the reasons mentioned in subarticle (1) and the person is

alleged to be unlawfully at large after conviction of the extraditable

offence, the court must proceed under article 23.

(5) If the court decides that the person’s return is not barred by

any of the reasons mentioned in subarticle (1) and the person is

accused of the commission of the extraditable offence but is not

alleged to be unlawfully at large after conviction of it, the court

must proceed under article 24.

In the event that the Court finds the information

communicated by the authority which issued a Part II warrant to be

insufficient to allow it to decide on surrender, it shall request the

necessary supplementary information subject to any time limit

which it may lay down for the purpose.

For the purposes of this Order, a person’s return to a

scheduled country is barred by reason of the rule of ne bis in idem

if, and only if, it appears that he would be entitled to be discharged

under any rule of law relating to previous acquittal or conviction on

the assumption -

(a) that the conduct constituting the extraditable offence

constituted an offence in Malta;

(b) that the person were charged with the extraditable

offence in Malta.

(Deleted by Legal Notice 278 of 2008).

A person’s return to a scheduled country is barred by reason

of prescription if prosecution for the offence in respect of which

extradition is requested is barred by prescription according to the

law of Malta and the acts constituting the offence for which

extradition is requested fall within the jurisdiction of the Maltese

criminal courts.

A person’s return to a scheduled country is barred by

reason of his age if, and only if, at the time that he is alleged to

have committed the extraditable offence he would have been

because of his age exempted from criminal responsibility under the

criminal law of Malta on the assumption -

(a) that the conduct constituting the extraditable offence

constituted an offence in Malta;

(b) that the person carried out the conduct when the

extraditable offence was committed or alleged to be

committed;

(c) that the person carried out the conduct in Malta.

(1) A person’s return to a scheduled country is barred by

reason of speciality if, and only if, there is no speciality

arrangement with the scheduled country as is referred to in article

10(3) and 10(4) of the relevant Act.

(2) Article 10(3) of the relevant Act shall have effect subject to

the following provisions of this article.

(3) Article 10(3) of the relevant Act shall be read and construed

as if for paragraphs (a) to (c) thereof, both inclusive, there were

substituted the following paragraphs

(a) the offence in respect of which the person is returned;

(b) an extraditable offence disclosed by the same facts as

that offence;

(c) an extraditable offence in respect of which the court

gives its consent under article 55 to the person being

dealt with;

(d) an offence which is not punishable with imprisonment

or another form of detention;

(e) an offence in respect of which the person will not be

detained in connection with his trial, sentence or

appeal;

(f)

an offence in respect of which the person waives the

right that he would have (but for this paragraph) not to

be dealt with for the offence.

(4) The person returned may be dealt with in the scheduled

country for an offence falling within subarticle (2) and committed

before his return only if that person is given the opportunity to

leave the scheduled country and -

(a) he does not do so before the end of a period of 45 days

starting with the day on which the person arrives in the

scheduled country;

(b) or if he does so before the end of the aforesaid period,

he returns there.

(5) Article 10(4) of the relevant Act shall also apply to any

arrangement as is mentioned in this article.

A person’s return to a scheduled country is barred by

reason of his earlier extradition to Malta from another scheduled

country if, and only if, -

(a) the person was extradited to Malta from another

scheduled country, hereinafter in this article referred

to as the "extraditing country";

(b) under arrangements between Malta and the extraditing

country, that country’s consent is required to the

person’s return from Malta to the scheduled country in

respect

of

the

extraditable

offence

under

consideration;

(c) that consent has not been given on behalf of the

extraditing country.

A person’s return to a scheduled country is barred by

reason of his earlier extradition to Malta from a country other than

a scheduled country if, and only if, -

(a) the person was returned to Malta from a country that is

not a scheduled country, hereinafter in this article

referred to as "the extraditing country";

(b) under arrangements between Malta and the extraditing

country, that country’s consent is required to the

person’s being dealt with in Malta in respect of the

extraditable offence under consideration;

(c) after having been sought from the extraditing country

immediately upon the person’s return to Malta,

consent has not been given on behalf of the extraditing

territory to the person’s return from Malta to the

scheduled country in respect of the extraditable

offence under consideration.

A person’s return to a scheduled country is barred by

reason of amnesty if the condition specified in article 11(2)(f) of

the relevant Act is satisfied.

A person’s return to a scheduled country is barred by

reason of the death penalty in the circumstances mentioned in

article 11(2)(b) of the relevant Act.

(1) If the court is required to proceed under this article by

virtue of article 13(4) it must decide whether the person was

convicted in his presence.

(2) If the court decides the question in subarticle (1) in the

affirmative it must proceed under article 24.

(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

(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 timeframe; 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.

(4) If the court decides the question in subarticle (3) in the

affirmative it must proceed under article 24.

(5) If the court decides that question in the negative it must

order the person’s discharge.

(1) When a Part II warrant was issued after conviction

under the conditions of article 23(3)(d) and the person requested

has 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.

If the court is required to proceed under this article by

virtue of article 13(5) or of article 23 the court must order the

person to be committed to custody to await his return to the

scheduled country in which the warrant was issued.

(1) Where a person is committed to custody under article

24, the provisions of article 16 of the relevant Act shall apply

subject to the modification in subarticle (2).

(2) Article 16 of the relevant Act shall apply as if for the words

"fifteen days" therein there were substituted the words "seven

days".

The provisions of article 17 of the relevant Act apply to

any person remanded or committed for custody under this Order.

The proviso in article 15(3) of the relevant Act shall apply

to any order discharging the person requested from custody under

the provisions of this Order.

The decision on surrender shall be taken by the court

within one month starting on the day when the person in respect of

whom the Part II warrant was issued was arrested.

Matters arising before end of extradition hearing

(1) This article applies if at any time in the extradition

hearing the court is informed that the 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.

(2) The court may adjourn the extradition hearing until one of

these occurs

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) the proceedings are put off sine die.

(3) If before the court adjourns the extradition hearing under

subarticle (2) the court has decided under article 13 whether the

person’s return is barred by reason of the rule against ne bis in

idem, the court must decide that question again after resumption of

the hearing.

(1) This article applies if at any time in the extradition

hearing the court 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.

(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 subarticle (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

Provided that at any time after the decision to

postpone, the court may grant bail to the person whose

surrender has been temporarily postponed, so however

that, when any of the events mentioned in sub-

paragraph (i) to (iv) occurs, the court shall forthwith

order the re-arrest and surrender of the person; or

(b) temporarily surrender the person under conditions

agreed in writing with the authority which issued the

Part II warrant.

(3) If the court commits the person to custody to await his

return and the person has been sentenced and has not yet served his

sentence the court may

(a) postpone surrender until the person has served his

sentence; or

(b) temporarily surrender the person under conditions

agreed in writing with the authority which issued the

Part II warrant.

(1) This article applies if at any time in the extradition

hearing the court 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.

(2) The court may adjourn the extradition hearing until the

sentence has been served.

This article applies if at any time in the extradition hearing

the court is informed that -

(a) a request for the person’s return has been received

from a country other than a scheduled country;

(b) the request has not been disposed of;

(c) an order has been made under article 71(2) for further

proceedings on the warrant to be deferred until the

request has been disposed of.

(1) This article applies if at any time in the extradition

hearing it appears to the court that the condition in subarticle (2) is

satisfied.

(2) The condition is that the physical or mental condition of the

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

it would endanger his life or health to extradite him.

(3) The court shall postpone surrender until it appears to it that

the condition in subarticle (2) is no longer satisfied.

(1) This article applies if at any time in the course of the

extradition hearing the court is informed that a request has been

received from the judicial authority of the scheduled country to

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

(2) The court shall decide, after consulting the Attorney

General, whether -

(a) to temporarily transfer the person requested to the

requesting country under such conditions and for such

period as may be agreed, with the concurrence of the

Attorney General, with the requesting judicial

authority; and

(b) to order that the request shall be communicated to a

magistrate for execution whereupon the provisions of

article 649(1) and (6) of the Criminal Code shall apply.

Appeals

The provisions of articles 18 and 19, both inclusive, of the

relevant Act shall apply to appeals by the person committed to

custody and to appeals by the Attorney General as the case may be

and to an application for redress to the Constitutional Court under

article 46 of the Constitution.

The decision by the Court of Criminal Appeal 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.

Time for extradition

(1) Subject to the modification in subarticle (2) the

provisions of article 21(2) of the relevant Act apply to surrender to

a scheduled country.

(2) Article 21(2) of the relevant Act shall apply as if for the

words "fifteen days" therein there were substituted the words

"seven days".

(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.

(1) This article applies if -

(a) the court of committal orders a person’s surrender to a

scheduled country under this Order, and

(b) no appeal is filed within the time allowed under the

relevant Act.

(2) This article does not apply if the order is made under article

45 or 46.

(3) Subject to subarticle (6) of this article and to article 38(3),

the person must be surrendered to the scheduled country before the

end of the required period.

(4)

The required period is -

(a) ten days starting with the day on which the court

makes the order, or

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

which issued the Part II warrant has agreed to a later

date, ten days starting with the later date.

(5) If subarticle (3) is not complied with and the person applies

to the court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(6) If within the period mentioned in subarticle (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

relevant Act even if he failed to appeal within the time allowed by

the relevant Act, the provisions of this article shall no longer apply

and the said article 21(2) of the relevant Act, as modified by article

33(2) of this Order, and article 35 of this Order shall thereupon

apply.

(1) This article applies if -

(a) there is an appeal against an order for a person’s return

to a scheduled country or other proceedings as those

described in article 21(2)(b) of the relevant Act, and

(b) the person is not discharged by order of the Court of

Criminal Appeal or of any other court.

(2) Subject to article 38(3) the person must be returned to the

scheduled country before the end of the required period.

(3)

The required period is -

(a) ten days starting with the first day on which, having

regard to article 21(2)(b) of the relevant Act, he could

have been returned; or

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

which issued the Part II warrant has agreed to a later

date, ten days starting with the later date.

(4) If subarticle (3) is not complied with and the person applies

to the Court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(1) This article applies if -

(a) the court orders a person’s return to a scheduled

country;

(b) the person is serving a sentence of imprisonment or

another form of detention in Malta.

(2) This article does not apply if the order is made under article

44 or 46.

(3) The court may make the order for return subject to the

condition that the return is not to take place before it receives an

undertaking given on behalf of the scheduled country in terms

specified by the court.

(4) The terms which may be specified by the court in relation to

a person accused in a scheduled country of the commission of an

offence include terms -

(a) that the person be kept in custody until the conclusion

of the proceedings against him for the offence and any

other offence in respect of which he is permitted to be

dealt with in the scheduled country;

(b) that the person be returned to Malta to serve the

remainder of his sentence on the conclusion of those

proceedings.

(5) The terms which may be specified by the court in relation to

a person alleged to be unlawfully at large after conviction of an

offence by a court in a scheduled country include terms that the

person be returned to Malta to serve the remainder of his sentence

after serving any sentence imposed on him in the scheduled country

for -

(a) the offence, and

(b) any other offence in respect of which he is permitted to

be dealt with in the scheduled country.

(6) Subarticles (7) and (8) apply if the court makes an order for

surrender subject to a condition under subarticle (3).

(7) If the court does not receive the undertaking before the end

of the period of twenty-one days starting with the day on which it

makes the order and the person applies to the court to be

discharged, the court must order his discharge.

(8) If the court receives the undertaking before the end of that

period -

(a) in a case where article 34 applies, the required period

for the purposes of article 34(3) is ten days starting

with the day on which the court receives the

undertaking;

(b) in a case where article 35 applies, the required period

for the purposes of article 35(2) is ten days starting

with the first day on which, having regard to article

21(2)(b) and (c) of the relevant Act, the person could

have been returned or (if later) the day on which the

court receives the undertaking.

(1) Subject to subarticle (2), this article applies if -

(a) an order is made under this Order for a person to be

returned to a scheduled country in pursuance of a Part

II warrant;

(b) before the person is returned to the scheduled country

an order is made under article 42(4)(b) or 71(2)(b) for

the person’s return in pursuance of the warrant to be

deferred;

(c) the court makes an order under article 73(2) for the

person’s return in pursuance of the warrant to cease to

be deferred.

(2) This article does not apply if the order for the person’s

return is made under article 44 or 46.

(3) In a case where article 34 applies, the required period for

the purposes of article 34(3) is ten days starting with the day on

which the order under article 73(2) is made.

(4) In a case where article 35 applies, the required period for

the purposes of article 35(2) is ten days starting with the first day

on which, having regard to article 21(2)(b) and (c) of the relevant

Act, the person could have been returned or (if later) the day on

which the order under article 73(2) is made.

(1) This article applies if -

(a) a person in respect of whom a Part II warrant is issued

makes an asylum claim at any time in the relevant

period;

(b) an order is made under this Order for the person to be

returned in pursuance of the warrant.

(2)

The relevant period is the period -

(a) starting when a certificate is issued under article 7 in

respect of the warrant;

(b) ending when the person is returned in pursuance of the

warrant.

(3) The person must not be returned in pursuance of the

warrant before the asylum claim is finally determined; and articles

34, 35, 45 and 47 have effect subject to this subarticle.

(4)

Subarticle (3) is subject to article 39.

(5) If, under the International Protection Act, the Minister

responsible for immigration allows the asylum claim, the claim is

deemed to have been finally determined when he makes his

decision on the claim.

(6) If the person’s asylum claim is rejected the provisions of

article 21(2)(a) and (b) of the relevant Act shall mutatis mutandis

apply to any proceedings as are referred to in the said provisions

which may lead to the reversal, annulment or modification of the

decision rejecting the person’s asylum claim in the same way as

they apply to similar proceedings in relation to the court’s order of

committal.

(1) Article 38(3) does not apply in relation to a person if

the Minister responsible for immigration (hereinafter, in this

article, referred to as "the Minister") has certified that the

conditions in subarticle (2) or the conditions in subarticle (3) are

satisfied in relation to him.

(2)

The conditions are that -

(a) the scheduled country to which the person’s return has

been ordered has accepted that, under standing

arrangements, it is the responsible State in relation to

the person’s asylum claim;

(b) in the opinion of the Minister the person is not a

national or citizen of the scheduled country.

(3)

The conditions are that, in the opinion of the Minister -

(a) the person is not a national or citizen of the scheduled

country to which his return has been ordered;

(b) the person’s life and liberty would not be threatened in

that country by reason of his race, religion, nationality,

political opinion or membership of a particular social

group;

(c) the government of that country would not send the

person to another country otherwise than in

accordance with the Convention.

(4)

In this article -

"Convention" has the meaning assigned to it by article 2 of the

International Protection Act;

"standing arrangements" means arrangements in force between

Malta and the designated territory for determining which State is

responsible for considering applications for asylum.

Withdrawal of Part II warrant

(1) This article applies if at any time in the relevant period

the court is informed by the Attorney General that a Part II warrant

issued in respect of a person has been withdrawn.

(2)

The relevant period is the period -

(a) starting when the person is first brought before the

court following his arrest under this Order;

(b) ending when the person is returned in pursuance of the

warrant or discharged.

(3)

The court must order the person’s discharge.

(4) If the person is not before the court at the time the court

orders his discharge, the court must inform him of the order as soon

as practicable.

(1) This article applies if at any time in the relevant period

the Court of Criminal Appeal is informed by the Attorney General

that a Part II warrant issued in respect of a person has been

withdrawn.

(2)

The relevant period is the period -

(a) starting when an appeal application is filed by the

person or by the Attorney General;

(b) ending when proceedings on the appeal are

discontinued or the court makes its decision on the

appeal.

(3)

The court must -

(a) if the appeal is under article 18 of the relevant Act,

order the person’s discharge and quash the order for

his return;

(b) if the appeal is under article 19 of the relevant Act,

dismiss the appeal.

(4) If the person is not before the court at the time the court

orders his discharge, the court must inform him of the order as soon

as practicable.

Competing Part II warrants

(1) This article applies if at any time in the relevant period

the conditions in subarticle (3) are satisfied in relation to a person

in respect of whom a Part II warrant has been issued.

(2)

The relevant period is the period -

(a) starting when the person is first brought before the

court following his arrest under this Order;

(b) ending when the person is returned in pursuance of the

warrant or discharged.

(3)

The conditions are that -

(a) the court is informed that another Part II warrant has

been issued in respect of the person;

(b) the other warrant falls to be dealt with by the court;

(c) the other warrant has not been disposed of.

(4)

The court may -

(a) order further proceedings on the warrant under

consideration to be deferred until the other warrant has

been disposed of, if the warrant under consideration

has not been disposed of;

(b) order the person’s return in pursuance of the warrant

under consideration to be deferred until the other

warrant has been disposed of, if an order for his return

in pursuance of the warrant under consideration has

been made.

(5) In applying subarticle (4) the court must take account in

particular of the circumstances in paragraphs (a) to (c), both

inclusive, of article 21(4) of the relevant Act, as well as of the

following matters -

(a) the place where each offence was committed (or was

alleged to have been committed);

(b) whether, in the case of each offence, the person is

accused of its commission (but not alleged to have

been convicted) or is alleged to be unlawfully at large

after conviction.

Consent to extradition

(1) A person arrested under a Part II warrant may consent

to his return to the scheduled country in which the warrant is

issued.

(2) A person arrested under article 9 may consent to his return

to the scheduled country which has issued or will be issuing a Part

II warrant in his regard.

(3) If a person consents to his return under this article he must

declare whether he waives any right he would have (apart from the

consent) not to be dealt with in the scheduled country for an

offence committed before his return.

(4)

Consent and any waiver declared under this article -

(a) must be given before the court;

(b) must be recorded in writing;

(c) is irrevocable.

(5)

A person may not give his consent under this article

unless -

(a) he is legally represented before the court at the time he

gives consent, or

(b) he is a person to whom subarticle (6) applies.

(6)

This subarticle applies to a person if -

(a) he has been informed of his right to apply for legal aid

and has had the opportunity to apply for legal aid, but

he has refused or failed to apply;

(b) he has applied for legal aid but his application has

been refused;

(c) he was granted legal aid but the legal aid was

withdrawn.

(7) In subarticle (6) "legal aid" means a right to representation

by virtue of article 77.

(8) For the purposes of subarticle (5) a person is to be treated

as legally represented before the court if (and only if) he has the

assistance of counsel to represent him in the proceedings before the

court.

(1) This article applies if a person consents to his return

under article 43.

(2)

Article 15(5) of the relevant Act shall apply.

(3) If the court has not fixed a date under article 11 on which

the extradition hearing is to begin it is not required to do so.

(4) If the extradition hearing has begun the court is no longer

required to proceed or continue proceeding under articles 12 to 31.

(5) The court must within the period of ten days starting with

the day on which consent is given order the person’s return to the

scheduled country.

(6)

Subarticle (5) has effect subject to articles 46 and 49.

(7) If subarticle (5) is not complied with and the person applies

to the court to be discharged the court must order his discharge

unless reasonable cause is shown for the delay.

(1) This article applies if the court makes an order under

article 44(5) for a person’s return to a scheduled country.

(2) The person must be returned to the scheduled country

before the end of the required period.

(3)

The required period is -

(a) ten days starting with the day on which the order is

made, or

(b) if the court and the judicial authority which issued the

Part II warrant agree a later date, ten days starting with

the later date.

(4) If subarticle (2) is not complied with and the person applies

to the court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(5) If before the person is returned to the scheduled country the

court is informed by the Attorney General that the Part II warrant

has been withdrawn -

(a) subarticle (2) does not apply, and

(b) the court must order the person’s discharge.

(1) This article applies if -

(a) a person consents under article 43 to his return to a

scheduled country, and

(b) the conditions in subarticle (2) are satisfied before the

court orders his return under article 44(5).

(2)

The conditions are that -

(a) the court is informed that another Part II warrant has

been issued in respect of the person;

(b) the warrant has not been disposed of.

(3)

Article 44(5) does not apply but the court may -

(a) order the person’s return in pursuance of his consent,

or

(b) order further proceedings on the warrant under

consideration to be deferred until the other warrant has

been disposed of.

(4)

Subarticle (3) is subject to article 49.

(5) In applying subarticle (3) the court must take account in

particular of the circumstances in paragraphs (a) to (c), both

inclusive, of article 21(4) of the relevant Act, as well as the matters

in article 42(5)(a) and (b).

(1) This article applies if the court makes an order under

article 46(3)(a) for a person’s return to a scheduled country.

(2) The person must be returned to the scheduled country

before the end of the required period.

(3)

The required period is -

(a) ten days starting with the day on which the order is

made, or

(b) if the court and the authority which issued the Part II

warrant agree a later date, ten days starting with the

later date.

(4) If subarticle (2) is not complied with and the person applies

to the court to be discharged the court must order his discharge,

unless reasonable cause is shown for the delay.

(5) If before the person is returned to the scheduled country the

court is informed by the Attorney General that the Part II warrant

has been withdrawn -

(a) subarticle (2) does not apply, and

(b) the court must order the person’s discharge.

(1) This article applies if the court makes an order under

article 46(3)(b) for further proceedings on a Part II warrant to be

deferred.

(2) If an order is made under article 49(5) for proceedings on

the warrant to be resumed, the period specified in article 44(5) must

be taken to be ten days starting with the day on which the order

under article 49(5) is made.

(1) This article applies if -

(a) a person in respect of whom a Part II warrant is issued

consents under article 43 to his return to the scheduled

country in which the warrant was issued, and

(b) the condition in subarticle (2) is satisfied before the

court orders his return under article 44(5) or 46(3)(a).

(2)

The condition is that the court is informed that -

(a) a request by a country other than a scheduled country

for the person’s return has been received by a Minister

under the relevant Act;

(b) the request has not been disposed of.

(3) The court must not make an order under article 44(5) or

46(3) until it is informed whether an order has been made under

article 13 of the relevant Act.

(4) If the court is informed that an order has been made under

article 13 of the relevant Act it must suspend further proceedings.

(5)

If -

(a) an order has been made under article 13 of the relevant

Act, and

(b) the extradition request in respect of which the order in

paragraph (a) was made has been disposed of,

the court may make an order for the proceedings to be resumed.

(6) Where the court makes an order under subarticle (5) for the

proceedings to be resumed the period specified in article 44(5)

must be taken to be ten days starting with the day on which the

order under subarticle (5) is made.

(7) If the court is informed that the Minister will not be issuing

an order under article 13 of the relevant Act the period specified in

article 44(5) must be taken to be ten days starting with the day on

which the court is informed as aforesaid.

(1) This article applies if -

(a) the court makes an order under article 44(5) or

46(3)(a) for a person’s return to a scheduled country;

(b) the person is serving a sentence of imprisonment or

another form of detention in Malta.

(2)

The court may make the order for return subject to the

condition that extradition is not to take place before he receives an

undertaking given on behalf of the scheduled country in terms

specified by it.

(3) The terms which may be specified by the court in relation to

a person accused in a scheduled country of the commission of an

offence include terms -

(a) that the person be kept in custody until the conclusion

of the proceedings against him for the offence and any

other offence in respect of which he is permitted to be

dealt with in the scheduled country;

(b) that the person be returned to Malta to serve the

remainder of his sentence on the conclusion of those

proceedings.

(4) The terms which may be specified by the court in relation to

a person alleged to be unlawfully at large after conviction of an

offence by a court in a scheduled country include terms that the

person be returned to Malta to serve the remainder of his sentence

after serving any sentence imposed on him in the scheduled country

for -

(a) the offence, and

(b) any other offence in respect of which he is permitted to

be dealt with in the scheduled country.

(5) If the court makes an order for return subject to a condition

under subarticle (2) the required period for the purposes of articles

45(2) and 47(2) is ten days starting with the day on which the court

receives the undertaking.

(1) This article applies if -

(a) an order is made under article 44(5) or 46(3)(a) for a

person to be returned to a scheduled country in

pursuance of a Part II warrant;

(b) before the person is returned to the scheduled country

an order is made under article 42(4)(b) or 71(2)(b) for

the person’s return in pursuance of the warrant to be

deferred;

(c) the court makes an order under article 73(2) for the

person’s return in pursuance of the warrant to cease to

be deferred.

(2) The required period for the purposes of articles 45(2) and

47(2) is ten days starting with the day on which the order under

article 73(2) is made.

Post-extradition matters

(1) This article applies if -

(a) a person is returned to a scheduled country in respect

of an offence in accordance with this Order;

(b) a court receives a request for consent to the person

being dealt with in the scheduled country for another

offence;

(c) the request is certified under this article by the

Attorney General.

(2) The Attorney General may certify a request for consent

under this article if he believes that the authority making the

request -

(a) is a judicial authority of the scheduled country, and

(b) has the function of making requests for the consent

referred to in subarticle (1)(b) in that country.

(3) A certificate under subarticle (2) must certify that the

authority making the request falls within paragraphs (a) and (b) of

that subarticle.

(4) The court must serve notice on the person that he has

received the request for consent, unless he is satisfied that it would

not be practicable to do so.

(5) The consent hearing must begin before the end of the

required period, which is twenty-one days starting with the day on

which the request for consent is received by the Attorney General.

(6) The court may extend the required period if it believes it to

be in the interests of justice to do sog and this subarticle may apply

more than once.

(7) The power in subarticle (6) may be exercised even after the

end of the required period.

(8) If the consent hearing does not begin before the end of the

required period and the court does not exercise the power in

subarticle (6) to extend the period, the court must refuse consent.

(9)

The court may at any time adjourn the consent hearing.

(10) The consent hearing is the hearing at which the court is to

consider the request for consent.

(1) At the consent hearing under article 52 the court must

decide whether consent is required to the person being dealt with in

the territory for the offence for which consent is requested.

(2) If the court decides the question in subarticle (1) in the

negative it must inform the Attorney General of its decision.

(3) If the court decides that question in the affirmative it must

decide whether the offence for which consent is requested is an

extraditable offence.

(4) If the court decides the question in subarticle (3) in the

negative it must refuse consent.

(5) If the court decides that question in the affirmative it must

decide whether it would order the person’s return under articles 13

to 31 if -

(a) the person were in Malta, and

(b) the court were required to proceed under article 13 in

respect of the offence for which consent is requested.

(6) If the court decides the question in subarticle (5) in the

affirmative it must give consent.

(7) If the court decides that question in the negative it must

refuse consent.

(8) Consent is not required to the person being dealt with in the

scheduled country for the offence if the person has been given an

opportunity to leave the territory and -

(a) he has not done so before the end of the permitted

period, or

(b) if he did so before the end of the permitted period, he

has returned there.

(9) The permitted period is forty-five days starting with the day

on which the person arrived in the scheduled country following his

extradition there in accordance with this Order.

(10) Subject to subarticle (8), the court must decide whether

consent is required to the person being dealt with in the scheduled

country for the offence by reference to what appears to it to be the

law of the scheduled country or arrangements made between the

scheduled country and Malta.

(1) This article applies if -

(a) a person is returned to a scheduled country, hereinafter

in this article and in article 55 referred to as "the

requesting country", in accordance with this Order;

(b) the court receives a request for consent to the person’s

extradition to another scheduled country for an

offence;

(c) the request is certified under this article by the

Attorney General.

(2) The Attorney General may certify a request for consent

under this article if he believes that the authority making the

request -

(a) is a judicial authority of the requesting territory, and

(b) has the function of making requests for the consent

referred to in subarticle (1)(b) in that scheduled

country.

(3) A certificate under subarticle (2) must certify that the

authority making the request falls within paragraphs (a) and (b) of

that subarticle.

(4) The court must serve notice on the person that he has

received the request for consent, unless it is satisfied that it would

not be practicable to do so.

(5) The consent hearing must begin before the end of the

required period, which is twenty-one days starting with the day on

which the request for consent is received by the Attorney General.

(6) The court may extend the required period if it believes it to

be in the interests of justice to do so; and this subarticle may apply

more than once.

(7) The power in subarticle (6) may be exercised even after the

end of the required period.

(8) If the consent hearing does not begin before the end of the

required period and the court does not exercise the power in

subarticle (6) to extend the period, he must refuse consent.

(9)

The court may at any time adjourn the consent hearing.

(10) The consent hearing is the hearing at which the court is to

consider the request for consent.

(1) At the consent hearing under article 54 the court must

decide whether consent is required to the person’s extradition to the

other scheduled country for the offence.

(2) If the court decides the question in subarticle (1) in the

negative it must inform the authority making the request of its

decision.

(3) If the court decides that question in the affirmative it must

decide whether the offence is an extraditable offence in relation to

the scheduled country referred to in article 54(1)(b).

(4) If the court decides the question in subarticle (3) in the

negative it must refuse consent.

(5) If the court decides that question in the affirmative it must

decide whether it would order the person’s extradition under

articles 13 to 31 if -

(a) the person were in Malta, and

(b) the court were required to proceed under article 13 in

respect of the offence for which consent is requested.

(6) If the court decides the question in subarticle (5) in the

affirmative it must give consent.

(7) If the court decides that question in the negative it must

refuse consent.

(8) Consent is not required to the person’s extradition to the

other scheduled country for the offence if the person has been given

an opportunity to leave the requesting country and -

(a) he has not done so before the end of the permitted

period, or

(b) if he did so before the end of the permitted period, he

has returned there.

(9) The permitted period is forty-five days starting with the day

on which the person arrived in the requesting country following his

extradition there in accordance with this Order.

(10) Subject to subarticle (8), the court must decide whether

consent i s required to th e person’s extrad ition to th e other

scheduled country for the offence by reference to what appears to it

to be the arrangements made between the requesting country and

Malta.

(1) This article applies if -

(a) a person is extradited to a scheduled country, in this

article and in article 57 referred to as "the requesting

country", in accordance with this Order;

(b) the Minister receives a request for consent to the

person’s extradition to a country, other than a

scheduled country, in this article and in article 57

referred to as "the third country", for an offence;

(c) the request is certified under this article by the

Attorney General.

(2) The Attorney General may certify a request for consent

under this article if he believes that the authority making the

request -

(a) is a judicial authority of the requesting country, and

(b) has the function of making requests for the consent

referred to in subarticle (1)(b) in that country.

(3) A certificate under subarticle (2) must certify that the

authority making the request falls within paragraphs (a) and (b) of

that subarticle.

(4) The Minister must serve notice on the person that he has

received the request for consent, unless he is satisfied that it would

not be practicable to do so.

(5) The Minister must decide whether the offence is an

extraditable offence within the meaning given by article 5 or article

8 of the relevant Act, as the case may be, in relation to the third

country.

(6) If the Minister decides the question in subarticle (5) in the

negative he must refuse consent.

(7) If the Minister decides that question in the affirmative he

must decide whether the court would commit the person to custody

to await his return under article 15 of the relevant Act if -

(a) the person were in Malta, and

(b) the court were required to proceed under articles 13

and 15 of the relevant Act in respect of the offence for

which the consent of the Minister is requested.

(8) If the Minister decides the question in subarticle (7) in the

negative he must refuse his consent.

(9) If the Minister decides that question in the affirmative he

must decide whether, if the person were in Malta, his extradition to

the third country in respect of the offence would be prohibited

under article 10 or article 12 of the relevant Act or whether he

would have decided not to order his extradition under article 11 of

the relevant Act.

(10) If the Minister decides the question in subarticle (9) in the

negative he may give consent.

(11) If the Minister decides that question in the affirmative he

EXTRADITION (REPUBLIC OF ICELAND

AND KINGDOM OF NORWAY)

must refuse consent.

(1) This article applies if -

(a) a person who is serving a sentence of imprisonment or

another form of detention in Malta is returned to a

scheduled country in accordance with this Order;

(b) the person is returned to Malta to serve the remainder

of his sentence.

(2) The person is liable to be detained in pursuance of his

sentence.

(3) If he is at large he must be treated as being unlawfully at

(4) Time during which the person was not in Malta as a result

of his extradition does not count as time served by him as part of

his sentence.

(5)

Subarticle (4) shall not apply if -

(a) the person was extradited for the purpose of being

prosecuted for an offence, and

(b) the person has not been convicted of the offence or of

any other offence in respect of which he was permitted

to be dealt with in the scheduled country.

(6) In a case falling within subarticle (5), time during which the

person was not in Malta as a result of his extradition counts as time

served by him as part of his sentence if (and only if) it was spent in

custody in connection with the offence or any other offence in

respect of which he was permitted to be dealt with in the scheduled

country.

Repatriation cases

(1) This article applies if an arrest warrant is issued in

respect of a person by an authority of a scheduled country and the

warrant contains the statement referred to in subarticle (2).

(2)

The statement is one that -

(a) the person is alleged to be unlawfully at large from a

prison in one territory, hereinafter in this article

referred to as "the imprisoning territory", in which he

was serving a sentence after conviction of an offence

specified in the warrant by a court in another territory,

hereinafter in this article referred to as "the convicting

territory", and

(b) the person was serving the sentence in pursuance of

international arrangements for prisoners sentenced in

one territory to be repatriated to another territory in

order to serve their sentence, and

(c) the warrant is issued with a view to his arrest and

extradition to the scheduled country for the purpose of

serving a sentence or another form of detention

imposed in respect of the offence.

(3) If the scheduled country is either the imprisoning territory

or the convicting territory, article 5(6)(a) has effect as if the

reference to the statement referred to in subarticle (7) of that article

were a reference to the statement referred to in subarticle (2) of this

article.

(4)

If the scheduled country is the imprisoning territory -

(a) article 5(8)(e) has effect as if "requesting country"

read "the convicting territory";

(b) article 12(2) has effect as if "an extraditable offence"

read "an extraditable offence in relation to the

convicting territory";

(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";

(d) article 36(5) has effect as if "a scheduled country" read

"the convicting territory" and as if "the scheduled

country" in both places read "the convicting territory";

(e) article 50(4) has effect as if "a scheduled country" read

"the convicting territory" and as if "scheduled

country" in both places read "the convicting territory";

(f)

article 60(1) has effect as if "a scheduled country" read

"the convicting territory";

(g) article 60(2) has effect as if "the scheduled country" in

the opening words and paragraphs (a) and (c) read "the

convicting territory" and as if "the scheduled country"

in paragraph (b) read "the imprisoning territory";

(h) in article 60, subarticles (3), (4), (5) and (6) have

effect as if "the scheduled country" in each place read

"the convicting territory".

Extraditable offences

(1) This article applies in relation to the conduct of a

person if -

(a) he is accused in a scheduled country of the

commission of an offence constituted by the conduct,

or

(b) he is alleged to be unlawfully at large after conviction

by a court in a scheduled country of an offence

constituted by the conduct and he has not been

sentenced for the offence.

(2) The conduct constitutes an extraditable offence in relation

to the scheduled country if these conditions are satisfied

(a) the conduct occurs in the scheduled country and no

part of it occurs in Malta;

(b) a certificate issued by an appropriate authority of the

scheduled country shows that the conduct is scheduled

conduct;

EXTRADITION (REPUBLIC OF ICELAND

AND KINGDOM OF NORWAY)

(c) the certificate shows that the conduct is punishable

under the law of the scheduled country with

imprisonment or another form of detention for a term

of three years or a greater punishment.

(3) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied

(a) the conduct occurs in the scheduled country;

(b) the conduct would constitute an offence under the law

of Malta if it occurred in Malta;

(c) the conduct is punishable under the law of the

scheduled country with imprisonment or another form

of detention for a term of twelve months or a greater

punishment (however it is described in that law).

(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;

(b) the conduct is punishable under the law of the

scheduled country with imprisonment or another form

of detention for a term of twelve months or a greater

punishment (however it is described in that law);

(c) in corresponding circumstances equivalent conduct

would constitute an extra-territorial offence under the

law of Malta punishable with imprisonment or another

form of detention for a term of twelve months or a

greater punishment.

(4A) The conduct also constitutes an extraditable offence in

relation to a scheduled country if these conditions are satisfied

(a) the conduct occurs outside the scheduled country and

no part of it occurs in Malta;

(b) the conduct would constitute an offence under the law

of Malta punishable with imprisonment or another

form of detention for a term of twelve months or a

greater punishment if it occurred in Malta;

(c) the conduct is so punishable under the law of the

scheduled country (however it is described in that

law).

(5) The conduct also constitutes an extraditable offence in

relation to a scheduled country if these conditions are satisfied

(a) the conduct occurs outside the scheduled country and

no part of it occurs in Malta;

(b) the conduct is punishable under the law of the

scheduled country with imprisonment or another form

of detention for a term of twelve months or a greater

punishment (however it is described in that law);

(c) the conduct constitutes or if committed in Malta would

constitute any of the offences mentioned in article

54A(1) of the Criminal Code.

(6)

For the purposes of subarticles (3)(b) and (4)(c) -

(a) if the conduct relates to a tax or duty, it is immaterial

that the law of Malta does not impose the same kind of

tax or duty or does not contain rules of the same kind

as those of the law of the scheduled country;

(b) if the conduct relates to customs or exchange, it is

immaterial that the law of Malta does not contain rules

of the same kind as those of the law of the scheduled

country.

(7)

This article applies for the purposes of this Order.

(8) The scheduled conduct must be taken for the purposes of

subarticle (2)(b) to include conduct which constitutes -

(a) an attempt, conspiracy or incitement to carry out

conduct falling within the schedule, or

(b) aiding, abetting, counseling or procuring the carrying

out of conduct falling within the schedule.

(9) Notwithstanding the foregoing provisions of this article,

conduct also constitutes an extraditable offence in relation to Malta

if in relation to the said conduct a decision on supervision measures

in terms of the Decisions on Supervision Measures (Execution in

the European Union) Regulations was issued, even when the

conduct is not punishable with imprisonment or another form of

detention for a term of twelve months or a greater punishment.

(1) This article applies in relation to conduct of a person

(a) he is alleged to be unlawfully at large after conviction

by a court in a scheduled country of an offence

constituted by the conduct, and

(b) he has been sentenced for the offence.

(2) The conduct constitutes an extraditable offence in relation

to the scheduled country if these conditions are satisfied

(a) the conduct occurs in the scheduled country and no

part of it occurs in Malta;

(b) a certificate issued by an appropriate authority of the

scheduled country shows that the conduct is scheduled

conduct;

(c) the certificate shows that a sentence of imprisonment

or another form of detention for a term of twelve

months or a greater punishment has been imposed in

the scheduled country in respect of the conduct.

(3) The conduct also constitutes an extraditable offence in

relation to the scheduled country if these conditions are satisfied

(a) the conduct occurs in the scheduled country;

(b) the conduct would constitute an offence under the law

of Malta if it occurred in Malta;

(c) a sentence of imprisonment or another form of

EXTRADITION (REPUBLIC OF ICELAND

AND KINGDOM OF NORWAY)

detention for a term of four months or a greater

punishment has been imposed in the scheduled country

in respect of the conduct.

(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;

(b) a sentence of imprisonment or another form of

detention for a term of four months or a greater

punishment has been imposed in the scheduled country

in respect of the conduct;

(c) in corresponding circumstances equivalent conduct

would constitute an extra-territorial offence under the

law of Malta punishable with imprisonment or another

form of detention for a term of twelve months or a

greater punishment.

(4A) The conduct also constitutes an extraditable offence in

relation to a scheduled country if the following conditions are

satisfied

(a) the conduct occurs outside the scheduled country and

no part of it occurs in Malta;

(b) the conduct would constitute an offence under the law

of Malta punishable with imprisonment or another

form of detention for a term of twelve months or a

greater punishment if it occurred in Malta;

(c) a sentence of imprisonment or another form of

detention for a term of 4 months or a greater

punishment has been imposed in the scheduled country

in respect of the conduct.

(5) 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

no part of it occurs in Malta;

(b) a sentence of imprisonment or another form of

detention for a term of four months or a greater

punishment has been imposed in the scheduled country

in respect of the conduct;

(c) the conduct constitutes or if committed in Malta would

constitute any of the offences mentioned in article

54A(1) of the Criminal Code.

(6)

For the purposes of subarticles (3)(b) and (4)(c) -

(a) if the conduct relates to a tax or duty, it is immaterial

that the law of Malta does not impose the same kind of

tax or duty or does not contain rules of the same kind

as those of the law of the scheduled country;

(b) if the conduct relates to customs or exchange, it is

immaterial that the law of Malta does not contain rules

of the same kind as those of the law of the scheduled

country.

(7)

This article applies for the purposes of this Order.

(8) The scheduled conduct must be taken for the purposes of

subarticle (2)(b) to include conduct which constitutes -

(a) an attempt, conspiracy or incitement to carry out

conduct falling within the schedule, or

(b) aiding, abetting, counseling or procuring the carrying

out of conduct falling within the schedule.

(1) Subarticles (2) and (3) apply for the purposes of

articles 59 and 60.

(2) An appropriate authority of a scheduled country is a

judicial authority of the scheduled country which the court believes

has the function of issuing arrest warrants in that territory.

(3) The law of a scheduled country is the general criminal law

of the country.

PART III

Extradition to Malta from scheduled countries

(1) A magistrate may issue a Part III warrant in respect of

a person if -

(a) a police officer not below the rank of inspector applies

to a Magistrate for a Part III warrant, and

(b) the condition in subarticle (2) is satisfied.

(2) The condition is that the Attorney General has given his

consent to the issue of a Part III warrant in respect of the person

and there are reasonable grounds for believing -

(a) that the person has committed an extraditable offence,

or

(b) that the person is unlawfully at large after conviction

of an extraditable offence by a court in Malta.

(3)

A Part III warrant is an arrest warrant which contains -

(a) the statement referred to in subarticle (4) or the

statement referred to in subarticle (5), and

(b) the certificate referred to in subarticle (6).

(4) The statement referred to in sub-article (3)(a) is one that the

person in respect of whom the warrant is issued is wanted in Malta

for the purposes of conducting a criminal prosecution for the

commission of an offence specified in the warrant.

(5)

The statement is one that -

(a) the person in respect of whom the warrant is issued is

alleged to be unlawfully at large after conviction of an

extraditable offence specified in the warrant by a court

in Malta, and

(b) the warrant is issued with a view to his arrest and

EXTRADITION (REPUBLIC OF ICELAND

AND KINGDOM OF NORWAY)

extradition to Malta for the purpose of being sentenced

for the offence or of serving a sentence of

imprisonment or another form of detention imposed in

respect of the offence.

(6)

The certificate is one certifying -

(a) whether the conduct constituting the extraditable

offence specified in the warrant falls within the

European framework list;

(b) whether the offence is an extra-territorial offence;

(c) what is the maximum punishment that may be imposed

on conviction of the offence or (if the person has been

sentenced for the offence) what sentence has been

imposed.

(7) The conduct which falls within the European framework list

must be taken for the purposes of subarticle (6)(a) to include

conduct which constitutes -

(a) an attempt, conspiracy or incitement to carry out

conduct falling within the list, or

(b) aiding, abetting, counselling or procuring the carrying

out of conduct falling within the list.

The European framework list is the list of conduct set out in

Schedule 2.

(8) Any statement or certificate referred to by this article may

be set out in accordance with the form contained in the Annex to

the Arrangement.

Where a Part III warrant is issued in respect of a person

whose whereabouts are unknown, the Magistrate shall, ex officio or

at the request of the police, request the issue of an alert in the

Schengen Information System.

(1) This article applies if -

(a) a Part III warrant is issued in respect of a person;

(b) the person is serving a sentence of imprisonment or

another form of detention in a scheduled country;

(c) the person’s extradition to Malta from the scheduled

country in pursuance of the warrant is made subject to

a condition that an undertaking is given on behalf of

Malta with regard to his treatment in Malta or his

return to the scheduled country (or both).

(2) The Minister may give an undertaking to a person acting on

behalf of the scheduled country with regard to either or both of

these things

(a) the treatment in Malta of the person in respect of

whom the warrant is issued;

(b) the return of that person to the scheduled country.

(3) The terms which may be included by the Minister in an

undertaking given under subarticle (2) in relation to a person

accused in Malta of the commission of an offence include terms -

(a) that the person be kept in custody until the conclusion

of the proceedings against him for the offence and any

other offence in respect of which he is permitted to be

dealt with in Malta;

(b) that the person be returned to the scheduled country to

serve the remainder of his sentence on the conclusion

of those proceedings.

(4) The terms which may be included by the Minister in an

undertaking given under subarticle (2) in relation to a person

alleged to be unlawfully at large after conviction of an offence by a

court in Malta include terms that the person be returned to the

scheduled country to serve the remainder of his sentence after

serving any sentence imposed on him in Malta.

(1) This article applies if -

(a) a Part III warrant is issued in respect of a person;

(b) the warrant states that it is issued with a view to his

extradition to Malta for the purpose of being

prosecuted for an offence;

(c) he is extradited to Malta from a scheduled country in

pursuance of the warrant;

(d) he is extradited on the condition that, if he is convicted

of the offence and a sentence of imprisonment or

another form of detention is imposed in respect of it,

he must be returned to the scheduled country to serve

the sentence;

(e) he is convicted of the offence and a sentence of

imprisonment or another form of detention is imposed

in respect of it.

(2) The person must be returned to the designated country to

serve the sentence as soon as is reasonably practicable after the

sentence is imposed.

(3) If subarticle (2) is complied with the punishment for the

offence must be treated as remitted but the person’s conviction for

the offence must be treated as a conviction for all other purposes.

(4) If subarticle (2) is not complied with and the person applies

to a Magistrate to be discharged the Magistrate must order his

discharge, unless reasonable cause is shown for the delay.

(1) This article applies if -

(a) a Part III warrant is issued in respect of a person;

(b) the certificate contained in the warrant certifies that a

sentence has been imposed;

(c) an undertaking is given on behalf of a scheduled

country that the person will be required to serve the

sentence in that country;

EXTRADITION (REPUBLIC OF ICELAND

AND KINGDOM OF NORWAY)

(d) on the basis of the undertaking the person is not

extradited to Malta from the scheduled country.

(2) The punishment for the offence must be treated as remitted

but the person’s conviction for the offence must be treated as a

conviction for all other purposes.

(1) This article applies if a person is extradited to Malta

from a scheduled country in pursuance of a Part III warrant.

(2) The person may be dealt with in Malta for an offence

committed before his extradition only if -

(a) the offence is one falling within subarticle (3), or

(b) the condition in sub-rticle (4) is satisfied.

(3)

The offences are -

(a) the offence in respect of which the person is

extradited;

(b) an offence disclosed by the information provided to

the designated country in respect of that offence;

(c) an extraditable offence in respect of which consent to

the person being dealt with is given on behalf of the

scheduled country;

(d) an offence which is not punishable with imprisonment

or another form of detention;

(e) an offence in respect of which the person will not be

detained in connection with his trial, sentence or

appeal;

(f)

an offence in respect of which the person waives the

right that he would have (but for this paragraph) not to

be dealt with for the offence.

(4) The condition is that the person has been given an

opportunity to leave Malta and -

(a) he has not done so before the end of the permitted

period, or

(b) he has done so before the end of the permitted period

and has returned to Malta.

(5) The permitted period is 45 days starting with the day on

which the person arrives in Malta.

(1) This article applies if -

(a) a person is extradited to Malta from a scheduled

country in pursuance of a Part III warrant;

(b) the person consented to his extradition to Malta in

accordance with the law of the scheduled country.

(2) Article 66(2) does not apply if the conditions in subarticle

(3) or the conditions in subarticle (4) are satisfied.

(3)

The conditions are that -

(a) under the law of the scheduled country, the effect of

the person’s consent is to waive his right under article

66(2);

(b) the person has not revoked his consent in accordance

with that law, if he is permitted to do so under that law.

(4)

The conditions are that -

(a) under the law of the scheduled country, the effect of

the person’s consent is not to waive his right under

article 66(2);

(b) the person has expressly waived his right under article

66(2) in accordance with that law;

(c) the person has not revoked his consent in accordance

with that law, if he is permitted to do so under that

law;

(d) the person has not revoked the waiver of his right

under article 66(2) in accordance with that law, if he is

permitted to do so under that law.

(1) Conduct constitutes an extraditable offence in relation

to Malta if these conditions are satisfied

(a) the conduct occurs in Malta;

(b) the conduct is punishable under the laws of Malta with

imprisonment or another form of detention for a term

of twelve months or a greater punishment.

(2) Conduct also constitutes an extraditable offence in relation

to Malta if these conditions are satisfied

(a) the conduct occurs outside Malta;

(b) the conduct constitutes an extra-territorial offence

punishable under the law of Malta with imprisonment

or another form of detention for a term of twelve

months or a greater punishment.

(3) Subarticles (1) and (2) do not apply, however, in relation to

conduct of a person if -

(a) he is alleged to be unlawfully at large after conviction

by a court in Malta of the offence constituted by the

conduct, and

(b) he has been sentenced for the offence.

(4) Conduct also constitutes an extraditable offence in relation

to Malta if these conditions are satisfied

(a) the conduct occurs in Malta;

(b) a sentence of imprisonment or another form of

detention for a term of four months or a greater

punishment has been imposed in Malta in respect of

the conduct.

(5) Conduct also constitutes an extraditable offence in relation

to Malta if these conditions are satisfied

(a) the conduct occurs outside Malta;

(b) the conduct constitutes an extra-territorial offence;

(c) a sentence of imprisonment or another form of

detention for a term of four months or a greater

punishment has been imposed in Malta in respect of

the conduct.

(6) The relevant proceedings are the proceedings in which it is

necessary to decide whether conduct constitutes an extraditable

offence.

(7)

Subarticles (1) to (5) apply for the purposes of articles 62 to

67. (8) Notwithstanding the foregoing provisions of this article,

conduct also constitutes an extraditable offence in relation to Malta if

in relation to the said conduct a decision on supervision measures in

terms of the Decisions on Supervision Measures (Execution in the

European Union) Regulations was issued, even when the conduct is

not punishable with imprisonment or another form of detention for a

term of twelve months or a greater punishment.

Treatment of persons returned to Malta

The provisions of articles 25 and 26 of the relevant Act

shall apply to a person returned to Malta from a scheduled country.

(1) This article applies in relation to a person if -

(a) the Minister has given an undertaking in connection

with the person’s extradition to Malta, and

(b) the undertaking includes terms that the person be kept

in custody until the conclusion of any proceedings

against him in Malta for an offence.

(2) A court, judge or magistrate may grant bail to the person in

the proceedings only if the court, judge or magistrate considers that

there are exceptional circumstances which justify it.

Any period spent by the returned person in preventive

detention in the scheduled country as a result of the execution in

the scheduled country of a Part III warrant shall be deducted from

any sentence to be served in Malta in respect of the offences for

which the Part III warrant was executed by the scheduled country.

PART IV

Miscellaneous

(1) This article applies if at the same time -

(a) there is a Part II warrant in respect of a person, a

certificate has been issued under article 7 in respect of

the warrant, and the person has not been returned in

pursuance of the warrant or discharged, and

(b) there is a request for the same person’s extradition

from a country other than a scheduled country

(hereinafter in this article referred to as the

"competing request") and the person has not been

returned in pursuance of the request or discharged.

(2)

The Minister may -

(a) order proceedings (or further proceedings) on the

warrant to be deferred until the competing request has

been disposed of, if neither the warrant nor the request

has been disposed of;

(b) order the person’s return in pursuance of the warrant to

be deferred until the competing request has been

disposed of, if an order for his return in pursuance of

the warrant has been made.

(3) In applying subarticle (2) the Minister must take account in

particular of the circumstances in paragraphs (a) to (c), both

inclusive, of article 21(4) of the relevant Act, as well as of the

following matters

(a) the place where each offence was committed (or was

alleged to have been committed);

(b) whether in the case of each offence, the person is

accused of its commission (but not alleged to have

been convicted) or is alleged to be unlawfully at large

after conviction.

(1) This article applies if -

(a) an order is made under this Order deferring

proceedings on a Part II warrant in respect of a person

(the deferred claim) until another extradition claim in

respect of the person has been disposed of, and

(b) the other extradition claim is disposed of.

(2) The court may make an order for proceedings on the

deferred claim to be resumed.

(3) No order under subarticle (2) may be made after the end of

the required period.

(4) If the person applies to the appropriate court to be

discharged, the court may order his discharge.

(5) If the person applies to the court to be discharged, the court

must order his discharge if -

(a) the required period has ended, and

(b) the court has not made an order under subarticle (2) or

ordered the person’s discharge.

(6) The required period is twenty-one days starting with the

day on which the other extradition claim is disposed of.

(7)

An extradition claim is made in respect of a person if -

(a) a Part II warrant is issued in respect of him;

(b) a request for his extradition is made.

(1) This article applies if -

(a) an order is made under this Order deferring a person’s

return in pursuance of an extradition claim (the

deferred claim) until another extradition claim in

respect of him has been disposed of;

(b) the other extradition claim is disposed of.

(2) The court may make an order for the person’s extradition in

pursuance of the deferred claim to cease to be deferred.

(3) No order under subarticle (2) may be made after the end of

the required period.

(4) If the person applies to the court to be discharged, the court

may order his discharge.

(5) If the person applies to the court to be discharged, the court

must order his discharge if -

(a) the required period has ended, and

(b) the court has not made an order under subarticle (2) or

ordered the person’s discharge.

(6) The required period is twenty-one days starting with the

day on which the other extradition claim is disposed of.

(7)

An extradition claim is made in respect of a person if -

(a) a Part II warrant is issued in respect of him;

(b) a request for his extradition is made.

(1) A Part II warrant may be received in evidence in

proceedings under this Order.

(2) Any other document issued in a scheduled country may be

received in evidence in proceedings under this Order if it is duly

authenticated. Any such document may be transmitted as provided

under article 5(9).

(3) A document is duly authenticated if (and only if) one of

these applies -

(a) it purports to be signed by a judge, magistrate, any

other judicial authority or an officer of the scheduled

country;

(b) it purports to be authenticated by the oath or

affirmation of a witness

Provided that subarticles (2) and (3) do not prevent a

document that is not duly authenticated from being received in

evidence in proceedings under this Order.

Articles 22(3) and 27 of the relevant Act shall apply to

proceedings in connection with a request for extradition to a

scheduled country under this Order

Provided that for the purposes of this Order, the words "the

Minister may ask" in article 27 of the relevant Act, shall be read

and construed as "the Court may ask".

(1) The Commissioner of Police may authorize transit

through Malta of a person who is being surrendered to a scheduled

country provided that the following information is furnished

(a) the identity and nationality of the person against whom

a Part II warrant has been issued;

(b) the existence of a Part II warrant;

(c) the nature and legal classification of any offence on

which the Part II warrant is based;

(d) the description of the circumstances of any offence,

including the date and place of such offence

Provided that transit may be refused if the person being

surrendered is a national or permanent resident of Malta and the

surrender is being made for the purpose of execution of a sentence

of imprisonment or another form of detention.

(2) The information in subarticle (1) may be transmitted to the

Commissioner of Police by any means capable of producing a

written record.

(3) When the transport of the surrendered person is to take

place by air, it will only be necessary to provide the Commissioner

of Police with the information required in subarticle (1) in the event

that an unscheduled landing occurs.

(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.

(1) The Court shall, on its own initiative or at the request

of the authority which issued the Part II warrant or of the Attorney

General, through the Commissioner of Police, seize and hand over

to the said authority any property -

(a) which may be required as evidence in that country; or

(b) which has been acquired by the person against whom

the Part II warrant was issued as a result of the offence

and which, at the time of the arrest of the person

whose return is requested, is found in the possession of

such person or is discovered subsequently.

(2) The property referred to in subarticle (1) may be handed

over to the authority which issued the Part II warrant even if

extradition, cannot be carried out owing to the death, disappearance

or escape of the person whose return is requested.

(3) When the said property is liable to seizure or confiscation

in Malta, the Court may, in connection with proceedings that are

pending or with proceedings about to be taken, temporarily retain

such property or hand it over to the requesting country on condition

that it be returned.

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

Re-extradition

(1) Article 75 applies in relation to a person if the

conditions in subarticles (2) to (6) are satisfied.

(2) The first condition is that the person was extradited to a

scheduled country in accordance with Part II.

(3) The second condition is that the person was serving a

sentence of imprisonment or another form of detention in Malta (in

t h i s ar t ic l e an d i n ar t i c l e s 7 5 a n d 7 6 r e f e r r e d t o as " M a l ta

sentence") before he was extradited.

(4) The third condition is that the Part II warrant in pursuance

of which he was extradited contained a statement that it was issued

with a view to his extradition for the purpose of being prosecuted

for an offence.

(5) The fourth condition is that a certificate issued by a judicial

authority of the scheduled country shows that -

(a) a sentence of imprisonment or another form of

detention for a term of four months or a greater

punishment (in this article and in articles 75 and 76

referred to as "the overseas sentence") was imposed on

the person in the territory;

(b) the overseas sentence was imposed on him in respect

of -

(i)

the offence specified in the warrant or request,

or

(ii) any other offence committed before his

extradition in respect of which he was permitted

to be dealt with in the territory.

(6) The fifth condition is that before serving the overseas

sentence the person was returned to Malta to serve the remainder of

Malta sentence.

(1) If this article applies in relation to a person, as soon as

practicable after the relevant time the person must be brought

before the court for it to decide whether the person is to be

extradited again to the territory in which the overseas sentence was

imposed.

(2) The relevant time is the time at which the person would

otherwise be released from detention pursuant to Malta sentence.

(3) If subarticle (1) is not complied with and the person applies

to the court to be discharged, the court must order his discharge.

(4) The person must be treated as continuing in legal custody

until he is brought before the court under subarticle (1) or he is

discharged under subarticle (3).

(5) If the person is brought before the court under subarticle

(1), article 76 applies.

(1) Subject to subarticle (2), if this article applies, this

Order applies as it would if -

(a) a Part II warrant had been issued in respect of the

person;

(b) the warrant contained a statement that -

(i)

the person was alleged to be unlawfully at large

after conviction of the relevant offence, and

(ii) the warrant was issued with a view to the

person’s arrest and extradition to the territory for

the purpose of serving a sentence imposed in

respect of the relevant offence;

(c) the warrant were issued by the authority of the

territory which issued the certificate referred to in

article 74(5);

(d) the relevant offence were specified in the warrant;

(e) the hearing at which the court is to make the decision

referred to in article 75(1) were the extradition

hearing;

(f)

the proceedings before the court were under Part II.

(2) As applied by subarticle (1) this Order has effect with the

following modifications

(a) in article 13(1), paragraphs (c), (f) and (g) are to be

omitted;

(b) in article 38(2)(a), for the words "a certificate is issued

under article 7 in respect of the warrant" there shall be

substituted the words "the person would (apart from

article 75(1) ) be released from detention pursuant to

Malta sentence";

(c) in article 42(2)(a), for the words "following his arrest

under this Order" substitute the words "under article

75(1)";

(d) in article 43(1), for the words from "arrested" to

"issued" substitute the words "brought before the court

under article 75(1) may consent to his return to the

territory in which the overseas sentence was imposed".

Legal aid

The provisions of articles 570 to 573, both inclusive, of the

Criminal Code shall mutatis mutandis apply to requests for legal

aid in proceedings under this Order by a person arrested by virtue

of a warrant under article 5 or article 9.