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Maltese Laws |
EXTRADITION ACT
To make provision for and with respect to the extradition, to and from other countries, of persons accused or convicted of offences, and for any matter connected therewith or incidental thereto.
1st February, 1982
ACT XVIII of 1978, as amended by Acts XLIX of 1981 and VIII of 1990; Legal Notice 40 of
1993; and Acts XVII of 1996, III of 2001, III and XXIV of 2002, IX of 2003, III of 2004 and VII
of 2010.
ARRANGEMENT OF ACT
Articles | ||
Part I | Preliminary | 1-2 |
Part II | Return of offenders to Commonwealth countries | 3-5 |
Part III | Return of offenders to other foreign countries | 6-9 |
Part IV | Provisions applicable to return of offenders to all | |
countries | 10-24 | |
Part V | Treatment of persons returned to Malta | 25-26 |
Part VI | Surrender of Offenders to the International Criminal Court | 26A-26U |
Part VII | Miscellaneous | 27-31 |
SCHEDULE
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Extradition Act.
Interpretation. Amended by: XXIV. 2002.14.
"arrangement", in relation to the return of fugitive criminals to or from any country, other than Malta, means any treaty,
convention, agreement or understanding for that purpose between Malta and such other country or which applies to both such countries
or of which both such countries are a party;
"country" includes any territory;
"designated Commonwealth country" has the meaning assigned to it by article 4;
"designated foreign country" has the meaning assigned to it by article 6;
"extraditable offence" has the meaning assigned to it by either article 5 or article 8, as the case may require;
"fugitive criminal" means a person accused or convicted of an ex tradi t ab le offen ce co mm it ted w ith in t h e j u
risd ict i on o f any country other than Malta who is or is suspected of being in Malta; and whenever that term occurs in re lation
to any such country, means a fugitive criminal accused or convicted of an extraditable offence committed within the jurisdiction
of that country;
"Minister" means the Minister responsible for justice;
Cap. 260. "prison" has the meaning assigned to it by the Prisons Act;
"requesting country" means a country requesting the return under this Act of a fugitive criminal.
(2) For the purposes of this Act -
(a) a person convicted of an offence in his absence shall be treated as a person accused of that offence;
(b) an act or omission which constitutes an offence only against military law but not against the ordinary law of the land shall
not be treated as an offence;
(c) every colony, dependency and constituent part of a country, and every vessel and every aircraft of or registered
in that country, shall (except where expressly mentioned as distinct in this Act or otherwise expressly
provided) be deemed to be within the jurisdiction of and to be part of such country.
PART II
RETURN OF OFFENDERS TO COMMONWEALTH COUNTRIES
28(3) of the Constitution of Malta, or any other country within the
Commonwealth; and any country for the time being so designated
is in this Act referred to as a designated Commonwealth country.
(2) The Minister may by the same or any subsequent order dir ect that this Act shall have effect in relation to the return
of persons to, or in relation to persons returned from, any designated Comm onwealth country subject to such conditions, exceptions,
adaptations or modifications as may be specified in the order.
(3) For the purposes of any order made under the foregoing provisions of this section, any territory for the external relations
of which a Commonwealth country is responsible may be treated as p a rt o f th at co un tr y or, i f t h e Go v e r n men t of t
h at co un tr y so requests, as a separate country.
Persons liable to be returned.
Designated Commonwealth country.
(a) it is an offence which, however described in the law of that country, falls within any of the descriptions set out in the Schedule
to this Act, and is punishable under that law with imprisonment for a term of twelve months or any greater punishment;
and
(b) the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence
against the law of Malta if it took place within Malta or, in the case of an extra-territorial offence, in corresponding circumstances
outside Malta.
(2) In determining for the purposes of this section whether an offence against the law of a designated Commonwealth country falls
within a description set out in the said Schedule any special int ent or state of mi nd or speci al circumstances of aggravation
which may be necessary to constitute that offence under the law shall be disregarded.
(3) The descriptions set out in the said Schedule include the offences therein described whether or not they are accompanied by
any aggravating or mitigating circumstance, and include also in each case of fences of complicity in any such of fence or of att
e mp ting to commit an y such of fence wit h in the meanin g respectively of article 41 or 42 of the Criminal Code.
Extraditable offences in respect of designated Commonwealth countries.
Cap. 9.
(4) References in this section to the law of any country include references to the law of any part of that country.
PART III
Persons liable to be returned.
Designated foreign country.
Amended by: XLIX. 1981.6; L.N. 40 of 1993;
IX. 2003.49; III. 2004.36.
Cap. 460. Extraditable
offences in respect
of designated
foreign countries.
RETURN OF OFFENDERS TO OTHER FOREIGN COUNTRIES
Prov id ed that , u n ti l an order i s m a de un der th is secti o n containing a provision to the contrary, the Republic of Italy
and any other country with which there is an arrangement as is referred to in article 30 shall be treated as if an order designating
it as a foreign country had been made under this section.
(2) The Minister may by the same or any subsequent order direct that this Act shall have effect in relation to the return
of persons to or from, or in relation to persons returned from, any designated foreign country, subject to such conditions, exceptions,
adaptations or modifications as may be specified in the order.
(3) Subject to the provisions of this Act, every such order shall either recite or embody the terms of the arrangement to which
it refers or shall contain a reference to the publication thereof in the Gazette or to its presentation to the House of Representatives,
and sh al l no t re ma in i n force fo r any lo ng er peri od th an th e arrangement.
(4) Subarticle (3) shall not apply to any arrangement which is in force immediately before the commencement of this section.
(5) For the purposes of this article "the Treaty" has the same meaning as is assigned to it by the European Union Act.
(a) it is an offence in respect of which a fugitive criminal may be returned to that country in accordance with the
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
arrangement and is punishable under that law with imprisonment for a term of twelve months or a greater punishment; and
(b) the act or omission constituting the offence or the equivalent act or omission, would constitute an offence
against the law of Malta if it took place within Malta or, in the case of an extra-territorial offence, in corresponding circumstances
outside Malta.
(2) In determining for the purposes of this section whether an offence falls within the requirements of subarticle (1)(a) and (b), the description of the offence shall not be regarded as material if the offences und er the law of Ma lta and that of the requesting
country are substantially of the same nature.
9. Repealed by Act III. 2004.37.
Provisions of arrangements, etc., for return.
PART IV
PROVISIONS APPLICABLE TO RETURN OF OFFENDERS TO ALL COUNTRIES
(a) that the offence of which that person is accused or was convicted is an offence of a political character; or
(b) that the request for his return (though purporting to be made on account of an extraditable offence) is in fact made for the
purpose of prosecuting or punishing him on account of his race, place of origin, nationality, political opinions, colour
or creed; or
(c) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason
of his race, place of origin, nationality, political opinions, colour or creed.
(2) A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for
the purpose of such return, if it appears as aforesaid that if charged with that off ence in Mal ta he w ould be enti tled t o be
acq uitted under any rule of law relating to previous acquittal or conviction.
(3) A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes
of such return, unless provision is made by the law of that country, or by an arrangement made with that country, for securing that
he will not, unless he has first been restored or had an opportunity of returning to Malta, be dealt with in that country for or
in respect of any offence committed before his return under this Act other than -
General restrictions on return.
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
Powers of the Minister with respect to return of offenders.
(a) the offence in respect of which his return under this
Act is requested;
(b) any lesser offence proved by the facts proved before the court of committal; or
(c) any other offence being an extraditable offence in respect of which the Minister may consent to his being so dealt with.
(4) Any such arrangement as is mentioned in subarticle (3) may be an arrangement made for the particular case or an arrangement
of a more general nature; and for the purpose of that subsection a certificate issued by o r under the autho r i t y of th e Mi
nister confirming the existence of an arrangement with any country and stating its term s shall b e conc lusive evidence of the
m a tter s contained in that certificate.
(5) For the purposes of this section, an offence against the life or person of a head of state, or any related offence described
in article 5(3), shall not necessarily be deemed to be an offence of a political character.
(2) Without prejudice to the generality of the provision of subsection (1) of this section, the Minister may refuse to
make an order under article 13 or article 21 in any of the following cases:
(a) where the request is for a person unlawfully at large after conviction and the punishment awarded is less than four months imprisonment;
(b) where according to the law of the requesting country the offence in respect of which the return is requested is subject to
the death penalty and the requesting country has not given an assurance accepted as sufficient by the Minister
that the death penalty will not be awarded or will, if awarded, not be carried out;
(c) where the request is for the return of a person convicted of an offence in his absence and the requesting
country has not given an assurance accepted as sufficient by the Minister that such person will be granted a new trial
if he so requests;
(d) if prosecution for the offence in respect of which extradition is requested is barred by prescription either according
to the law of Malta or according to the law of the requesting country;
(e) where the request is for a person who is in Malta having been returned thereto as mentioned in article
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
25(1) and the Government is under an obligation not to return such a person to another country;
(f) if any amnesty has been granted in respect of the offence for which the return is requested and the courts of Malta
had jurisdiction to try that offence;
(g) if the person whose extradition is requested is a citizen of Malta.
(2) There shall be furnished with any request made for the purposes of this section on behalf of any country -
(a) in the case of a person accused of an offence, a warrant for his arrest issued in that country;
(b) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence
in that country, and a statement of the amount if any of that sentence which has been served,
together, in each case, with -
(i) particulars of the person whose return is requested, including information sufficient to establish his identity
and nationality;
(ii) particulars of the facts upon which and the law under which such person is accused or was convicted, the legal description
of the offence and a copy of the relative enactments or (if this is not practicable) a statement of the relevant law; and
(iii) evidence sufficient to justify the issue of a warrant for his arrest under article 14.
(3) On receipt of such a request, the Minister may issue an order to proceed unless it appears to him that an order for the return
of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.
Delay of return.
Amended by:
III. 2002.163.
Authority to proceed.
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
Arrest for purposes of committal. Amended by:
III. 2004.38.
Cap. 9.
Proceedings for committal. Amended by: VIII. 1990.3;
III. 2002.163.
(a) on the receipt of an authority to proceed; or
(b) without such authority, upon information that the said person is, or is believed to be, in or on his way to Malta,
and any warrant issued by virtue of paragraph (b) is in this Act referred to as a provisional warrant.
(2) A warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the magistrate, authorise
the issue of a warrant for the a rrest of a person a ccuse d of committing a corresponding offence or, as the case may be, of a
person alleged to be unlawfully at larg e after conviction of an offence within the jurisdiction of the Courts of Criminal Justice
of Malta.
(3) Where a provisional warrant is issued under this section, the magistrate by whom it is issued shall forthwith give notice to
the Minister, and transmit to him the information and evidence, or certified copies of the information and evidence, upon which it
was issued; and the Minister may in any case, and shall if he decides not to issue an authority to proceed in respect of the person
to whom the warrant relates, by order cancel the warrant and, if that person has been arrested thereunder, discharge him from custody.
(4) A warrant issued under this section shall be forthwith executed by a Police officer.
(5) The provisions of articles 355E, 355F, 355I, 355AB, 355AC and 357 of the Criminal Code shall apply mutatis mutandis to a warrant of arrest and to a warrant of search issued for the purposes of this Act.
(2) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received
in respect of him, the court of committal may fix a reasonable period (of which the court shall give notice to the Minister) after
which he will be discharged from custody unless such an authority has been received.
(3) Where an authority to proceed has been issued in respect of
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
the person arrested and the court of committal is satisfied, after hearing any evidence tendered in support of the request for the
return of that person or on behalf of that person, that the offence to wh ich th e a u t h o r i t y re lat e s is an ex tr ad it
ab le o ff e n ce an d it i s further satisfied -
(a) where the person is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if
it had been committed within the jurisdiction of the Courts of Criminal Justice of Malta;
(b) where the person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and
appears to be so at large,
the court shall, unless his committal is prohibited by any other provision of this Act, commit him to custody to await his return
thereunder; but if the court is not so satisfied or if the committal of that person is so prohibited, the court shall discharge
him from custody:
Provided that notwithstanding any order discharging him fro m cu st od y su ch p e rson sha l l rem a in i n cu st od y u n t i l
th e expiration of three working days from any such order and, where an appeal has been entered by the Attorney General, until the
appeal is disposed of or abandoned, or the Attorney General consents to the release of such person.
(4) Where a person has been brought before a court of committal as provided in subarticle (1), the provisions of article
40 1(1) of th e Cr imi nal Co de shall apply as if t h e w o rd s "o ne
month" wherever they occ u r ther ei n we re su bst i t u t e d wi th th e words "two mont hs" and as if the word s
"three mo nths" in the proviso thereto were substituted with the words "six months".
(5) Where the person arrested declares before the court of committal that he is willing to be extradited, the said court
upon being sati sfied o f t h e vol untariness of such declarati on shall commit him to custody to await his return and all the provisions
of this Act for his extradition shall be deemed to be satisfied and the Minister shall thereupon, notwithstanding any other provision
of this Act but saving the provisions of article 21(2) and (4) thereof, by warrant order him to be returned to the requesting country.
No app e al sh all li e from t h e deci si on of t h e co urt co mmitt ing the person to custody under the provisions of this subarticle.
Cap. 9.
16. Where a person is committed to custody under article 15, the court shall, besides informing him that he will not be returned until after the expiration of fifteen days from the date of its order of committal and that, except in the case of a committal to custody to await return under the provisions of article 15(5), he may appeal to the Court of Criminal Appeal, also inform him that, if he thinks that any of the provisions of article 10(1) and (2) has been contravened or that any provision of th e Con s titu tion of Malta o r o f t h e European Convention Act is, has been or is likely to be contravened i n relatio n t o hi s person as to ju st ify a rev e rsal, annu lment or modification of the court’s order of committal, he has the right to
Duty of court of committal to inform person committed of his rights.
Amended by: III. 2002.163.
Cap. 319.
apply for redress in accordance with the provisions of article 46 of the said Cons titution or of the European Convention Act, as the case may be.
Custody. 17. (1) Any person remanded or committed for custody under article 15 shall be committed to prison and shall be treated as a person awaiting trial.
(2) Such person shall be deemed to be in legal custody from the moment that he is so remanded or committed until he is beyond the jurisdiction of the Courts of Criminal Justice of Malta.
Appeal by person committed to custody.
Amended by: VIII. 1990.3.
(2) The Registrar of the court of committal shall, not later than the first next working day, transmit the application, together
with the records of the case, to the Registrar of the Court of Criminal Appeal, who shall, without delay, forward a copy of the application
to the Attorney General.
(3) Notice of the day fixed for the hearing of the appeal shall be given by the Registrar of the Court of Criminal Appeal to the
appellant and to the Attorney General:
Provided that, except with the consent of both the appellant and the Attorney General, such hearing shall not take place before the
lapse of two working days after the said notice has been given.
(4) If the Court of Criminal Appeal reverses the decision of the Court of Magistrates, the court shall order that the appellant
be discharged.
Appeal by Attorney General. Amended by:
VIII. 1990.3.
(2) On any appeal under this section the provisions of article
18(3) shall mutatis mutandis apply and if the Court of Criminal
Appeal orders the committal to custody of the person whose return is requested such order shall be treated, for all purposes other
than an appeal the r e f rom, as an or der commi tt in g su ch perso n t o
custody.
46 of t h e C onst i t u ti on of Ma lta, e ith er of t h e sai d cour ts may,
w ith out pr eju d ice to any oth e r ju risdicti on, ord e r the p e rso n committed to be discharged from custody if it appears
to such court that -
Powers of Court of Criminal Appeal and of Constitutional Court.
(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or
(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case
may be; or
(c) because the accusation against him is not made in good faith in the interest of justice,
it would, having regard to all the circumstances, be unjust or oppressive to return him.
11 to make no such order in his case.
(2) A person shall not be returned to any country under this
Act -
Order for return to requesting country. Amended by:
III. 2002.163.
(a) in any case, until the expiration of the period of fifteen days beginning with the day on which the order for his committal is
made;
(b) if the person committed to custody is entitled to institute any proceedings, whether of appeal or otherwise,
which may lead to the reversal, annulment or modification of the court’s order of committal, and the person committed has instituted
such proceedings or, if there is established by law or there has been fixed by a court’s order or judgment a time-limit
within which such proceedings are to be instituted, until the expiration of such time-limit;
(c) if any proceedings referred to in the last preceding paragraph have been instituted, until the conclusion of such proceedings:
Provided that the proceedings shall be deemed to have been concluded also if they have been withdrawn or abandoned;
(d) if a the person committed to custody is accused or undergoing sentence as provided in article 12, until he has been discharged
whether by acquittal or on the expiration of his sentence or otherwise.
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
Evidence. Amended by: VII. 2010.55.
(3) The Minister shall not make an order under this section in the case of any person, if it appears to the Minister, on the grounds
mentioned in article 20, that it would be unjust or oppressive to return that person or if he considers, on any such grounds as
are mentioned in article 10(1), that the order ought not be made.
(4) The Minister may decide to make no order for the time being under this section for the return of a person committed by the
court in consequence of a request made by any country if another requ est for hi s ret urn u nder th is A ct h as been m ade b y
a not her co un try an d it ap pe ars to t he Mi ni ste r, ha vi ng rega rd t o all t he circumstances of the case and in particular
-
(a) the relative seriousness of the offence in question; (b) the date on which each such request was made; and
(c) the nationality or citizenship of the person concerned and his ordinary residence,
that preference should be given to the other request.
(5) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.
Act in respect of a person in custody thereunder -
(a) a document, duly authenticated, which purports to set out evidence given on oath in the requesting country shall be admissible
as evidence of the matters stated therein;
(b) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document so received,
in any proceeding in any such country shall be admissible as evidence;
(c) a document, duly authenticated, which certifies that a person was convicted on a date specified in the document of an
offence against the law of, or of part of, any such country shall be admissible as evidence of the fact and date of the conviction.
(2) A document shall be deemed to be duly authenticated for the purpose of this section -
(a) in the case of a document purporting to set out evidence given as aforesaid, if the document purports to be certified
by a judge or magistrate or officer in or of that country to be the original document containing or recording that testimony
or a true copy of that original document;
(b) in the case of a document that purports to have been received in evidence as aforesaid or to be a copy of a document so received,
if the document purports to be certified as aforesaid to have been, or to be a true copy
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
of a document which has been, so received;
(c) in the case of a document which certifies that a person was convicted as aforesaid, if the document purports to be certified as
aforesaid,
and in any such case the document is authenticated either by the oath of a witness or by the official seal of a Minister in or of
the requesting country.
(2A) Notwithstanding the provisions of subarticles (1) and (2) the Court may receive in evidence in proceedings under or for the purposes
of this Act any document not authenticated in accordance with those provisions where the docum ent is authenti cated or deemed to
be authenticated in accordance with the provisions of subarticles (2B) and (2C).
(2B) In any proceedings under or for the purposes of this Act a document issued in the requesting country may also be received in
evidence in proceedings under this Act if it is duly authenticated in accordance with subarticle (2C).
(2C) A document shall be deemed to be duly authenticated if
(and only if) one of these applies -
(a) it purports to be signed by a judge, magistrate or officer of the requesting country; or
(b) it purports to be certified, whether by seal or otherwise, by the Ministry, department or other authority
responsible for justice or for foreign affairs of the requesting country; or
(c) it purports to be authenticated by the oath, declaration or affirmation of a witness.
(2D) Any document which is to be sent in connection with proc eed in gs un de r t h i s A c t , m a y b e tran smi t t ed
b y an y secu re means capable of producing written records and under conditions permitting the ascertainment of its authenticity.
(3) It shall be lawful for the Commissioner of Police or for the Attorney General as the case may be, as well as for the person
the return of whom is requested, to produce evidence before the Court of Criminal Appeal even though such evidence shall not have
been produced before the court of committal.
(4) In this article, "oath" includes affirmation or declaration; and nothing in this section shall be construed as prejudicing
the admission in evidence of any document wh ich is admissible in evidence apart from this article.
Police, seize and hand over to the requesting country any property -
(a) which may be required as evidence in that country; or
(b) which has been acquired as a result of the offence and
Handing over of property.
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
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 o ver t o th e req uest ing count ry even i f ext radi tion , having
been agreed to, cannot be carried out owing to the death or escape of the person whose return is requested.
(3) When the said property is liable to seizure or confiscation in Malta, the Minister 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.
Discharge in case of delay in returning. Amended by:
VIII. 1990.3.
(a) in any case, the period of two months beginning with the first day on which, having regard to article 21(2), he could have been
returned;
(b) where a warrant for his return has been issued under article 21, the period of one month beginning with the day on which that
warrant was issued,
he may apply to the Court of Criminal Appeal, sitting as a Court of Appeal from judgments of the Court of Magistrates for
his discharge.
(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given
to the Minister, the court may, unless sufficient cause is shown to the cont rary, by order direct the applicant to be dischar
g ed from custody, and, if a warrant for his return has been issued under the said article 21, quash that warrant.
Transit. Added by: VII. 2010.56.
(a) the identity and nationality of the person against whom the request has been issued;
(b) the existence of a warrant for the arrest and surrender of that person;
(c) the nature and legal classification of any offence on which the warrant for the arrest and surrender of the requested person
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
Com m i ssio n e r of Po l i ce b y any m e a n s cap abl e of prod uc in g 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 from one country
to another shall be kept in custody during the period of transit.
PART V
TREATMENT OF PERSONS RETURNED TO MALTA
(2) A person to whom this section applies shall not, during the period described in subarticle (3), be dealt with in Malta for
or in respect of any offence committed before he was returned to Malta other than -
(a) the offence in respect of which he was returned;
(b) any lesser offence proved by the facts proved for the purposes of securing his return; or
(c) any other offence in respect of which the country from which he is returned may consent to his being dealt with.
(3) The period referred to in subarticle (2) in relation to a person to whom this section applies is the period beginning
with t h e dat e o f his arriv a l in Malt a o n hi s retu rn as ment ioned i n subarticle (1) and ending forty-five days after the
first subsequent day on which he had the opportunity to leave Malta.
(4) The provisions of article 541 of the Criminal Code shall not apply in relation to a person to whom this section applies if the institution or continuation of criminal proceedings against
him is preclu d ed by th e o p erati on of t h e fo reg o in g provi sio n s o f thi s section.
Restrictions upon proceedings in Malta for other offences.
Cap. 9.
(2) If, in the case of a person to whom this section applies, either -
Restoration of persons not tried or acquitted.
*For the applicability of this article to the Republic of Tunisia and the United States of
America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.
Cap. 446.
(a) proceedings against him for the offence for which he was returned or for an offence for which he may be dealt with in accordance
with article 25(2)(b) or (c) are not begun within the period of three months beginning with the day of his arrival in Malta on being returned; or
(b) on his trial for that offence, he is acquitted, or he is discharged absolutely or conditionally under the provisions
of the Probation Act,
the Minister may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little
delay as possible to the country from which he was returned.
PART VI
Applicability of
Part VI.
Added by:
XXIV. 2002.14.
Interpretation. Added by: XXIV. 2002.14.
Cap. 453.
SURRENDER OF OFFENDERS
TO THE INTERNATIONAL CRIMINAL COURT
''delivery order'' has the same meaning assigned to it by sub- article 26E;
''ICC crime'' means a crime (other than the crime of aggression) over which the ICC has jurisdiction in accordance
with the ICC Treaty the relevant articles of which are reproduced in the First Schedule to the International Criminal Court Act;
''the ICC'' means the International Criminal Court established by the ICC Treaty;
''the ICC Treaty'' means the Statute of the International Criminal
Court, done at Rome on the 17th July, 1998;
''the Minister'' means the Minister responsible for Justice.
(2) Words and phrases used in this part and used also in the ICC Treaty shall have the same meaning assigned to them in the said
ICC Treaty.
Request for arrest and surrender. Added by:
XXIV. 2002.14.
(2) If the request is accompanied by a warrant of arrest and the Attorney General is satisfied that the warrant appears to have
been issued by the ICC, he shall apply to a Magistrate to authorise the exec ution of the wa rra n t. The Magistrate shall authorise
such execution where he is satisfied that the warrant purports to have
been issued by the ICC.
(3) If in the case of a person convicted by the ICC the request is not accompanied by a warrant of arrest, but is accompanied by
-
(a) a copy of the judgment of conviction,
(b) information to demonstrate that the person sought is the one referred to in the judgment of conviction, and
(c) where the person sought has been sentenced, a copy of the sentence imposed and a statement of any time already served
and the time remaining to be served,
the Attorney General shall apply to a Magistrate for the issue of a warrant for the arrest of the person to whom the request relates
and shall attach the documentation and information referred to in this subarticle.
(4) The Magistrate shall issue the warrant where he is satisfied that it appears that the person sought has been convicted by the
ICC and that the documentation an d infor m ation r ef er r ed to in this article has been produced.
(5) The provisions of subarticle (4) and of the articles referred to in article 14(5) shall apply to a warrant issued under this
Part.
(2) Upon an application by the Attorney General stating that he has reason to believe -
(a) that a request has been made by the ICC for the arrest of a person, and
(b) that the person is in, or on his way to, Malta,
a Magistrate shall issue a warrant for the arrest of that person and shall notify the Minister of the issue of the warrant.
26E. (1) The provisions of article 15(1), other than the reference therein to article 14(3), shall mutatis mutandis apply to a person arrested under a provisional warrant under this Part.
(2) If an arrest warrant issued under article 26C is produced to the court in respect of the person brought before it, the court
shall proceed as if he had been arrested under that warrant. If no such warrant is produ ced t h e cou r t shall rem a nd him pen
d in g th e production of such a warrant.
(3) The Minister may make regulations specifying -
(a) the period for which a person may be so remanded at any time, and
(b) the total period for which a person may be so remanded,
having regard to the time limits specified in Rules of Evidence and
Request for provisional arrest. Added by:
XXIV. 2002.14.
Dealing with person arrested under provisional warrant.
Added by: XXIV. 2002.14.
Procedure for the purposes of Article 92.3 of the ICC Treaty.
(4) If at any time when the person is remanded as aforesaid there is produced to the court a warrant issued under article 26C in
respect of him -
(a) the court shall terminate the period of remand, and
(b) he shall be treated as if arrested under that warrant -
(i) if he was remanded in custody, at the time the warrant was produced to the court;
(ii) if he was remanded on bail, when he surrenders to his bail.
(5) If no such warrant is produced to the court before the end of the period of remand (including any extension of that period),
the court shall discharge him.
(6) The fact that a person has been discharged under this article does not prevent his subsequent arrest under a warrant issued
under article 26C.
Dealing with person arrested under warrant issued under article
26C.
Added by:
XXIV. 2002.14.
(2) If the court is satisfied - (a) that the warrant -
(i) is a warrant of the ICC, or
(ii) has been duly issued under article 26C(3), and
(b) that the person brought before the court is the person named or described in the warrant,
it shall make a delivery order.
(3) A ''delivery order'' is an order that the person be delivered up -
(a) into the custody of the ICC, or
(b) if the ICC so directs in the case of a person convicted by the ICC, into the custody of the state of enforcement,
in accordance with arrangements made by the Minister.
(4) In the case of a person alleged to have committed an ICC crime, the court may adjourn the proceedings pending the outcome of
any challenge before the ICC to the admissibility of the case or to the jurisdiction of the ICC.
(5) In deciding to make a delivery order the court is not concerned to enquire -
(a) whether any warrant issued by the ICC was duly issued, or
(b) in the case of a person alleged to have committed an ICC crime, whether there is evidence to justify his trial for the offence
he is alleged to have committed.
(2) When the person arrested gives his consent to surrender, the court, upon being satisfied of the voluntariness of the consent,
shall make a delivery order and all the provisions of this Part for that person’s surrender shall be deemed to be satisfied.
(3) No appeal shall lie from a delivery order made under this article.
Proceedings where court refuses delivery order
(2) The court shall notify the Minister of its decision not to make a delivery order and of the grounds for it.
Consent to surrender. Added by: XXIV. 2002.14.
Where delivery order is refused. Added by:
XXIV. 2002.14.
26I. Where the court refuses to make a delivery order the pr ovisions of article 19 shall mutatis mutandis apply and if the Court of Criminal Appeal allows the appeal it shall make a delivery order which shall be treated, for all purposes other than an appeal therefrom , as an o r der comm itti ng to custody the person to be delivered up.
Proceedings where court makes delivery order
(a) commit the person to custody to await the Minister ’s directions as to the execution of the order,
(b) notify the Minister of its decision.
(2) Saving the provisions of article 26K, the provisions of articles 16 and 17 shall mu tatis mut andis apply to a person committed to custody under this article.
Appeal by the Attorney General against refusal of delivery order. Added by:
XXIV. 2002.14.
When court makes delivery order. Added by:
XXIV. 2002.14.
26K. Saving the provisions of article 26L, the person to be delivered up following a delivery order may appeal from the order
to the Court of Criminal Appeal and the provisions of article 18 shall mutatis mutandis apply to the appeal.
26L. (1) A person in respect of whom a delivery order has been made may waive his right of appeal and his right to apply for
re dress un der th e Constitution an d an y ot her ri g ht t o ap pl y fo r review of the lawfulness of his arrest and detention.
(2) Where a person has waived his rights as provided in subarticle (1), the court shall satisfy itself of the voluntariness
of the waiver whereupon the delivery order sh all be taken for all purposes of law to be validly made.
Appeal from delivery order by person to be delivered up. Added by:
XXIV. 2002.14.
Waiver of right of appeal and of other rights.
Added by: XXIV. 2002.14.
Effect of delivery order.
Added by:
XXIV. 2002.14.
Consultation with the ICC concerning bail.
Added by: XXIV. 2002.14.
(2) If a person in respect of whom a delivery order is in force escapes or is unlawfully at large, he may be arrested by the Police
without warrant and taken to any place where or to which, by virtue of this Part, he is required to be or to be taken.
(3) The provisions of article 21(2) shall mutatis mutandis apply to any person in respect of whom a delivery order was made.
Bail, discharge, transit and unscheduled landing
(a) the court shall notify the Minister of the application, (b) the Minister shall consult with the ICC, and
(c) bail shall not be granted without full consideration of any recommendations made by the ICC.
(2) In considering any application for bail under this article the court shall consider -
(a) whether, given the gravity of the offence or offences which the person is alleged to have committed or, as the case may be, of
which he has been convicted by the ICC, there are urgent and exceptional circumstances justifying release on bail, and
(b) whether any necessary measures have been or will be taken to secure that the person will surrender to custody in accordance
with the terms of his bail.
Discharge of person not delivered up. Added by: XXIV. 2002.14.
(2) Upon such application the provisions of article 24(2) shall mutatis mutandis apply sohowever that the reference to the warrant u nder that sub a r ticl e sh all be constru e d as a ref e rence to the delivery order.
Discharge of person no longer required to be surrendered. Added by:
XXIV. 2002.14.
(a) the Minister shall notify the Attorney General of that fact, and
(b) the Attorney General shall, on receipt of the
notification, apply to the court for an order discharging the person arrested.
(2) If the Minister accedes to the request -
(a) the request shall be treated for the purposes of this Part as if it were a request for that person's arrest and
surrender,
(b) the execution of the warrant accompanying the request shall be deemed to have been authorised under article
26C(2), and
(c) the person to whom the request relates shall, subject to the provisions of this article, be treated on arrival in Malta as if
he had been arrested under that warrant.
(3) In relation to a case where this article applies -
(a) it shall be incumbent upon the court before whom the person to whom the request relates is produced in pursuance of the
provisions of article 26F(2)(a)(i) to ascertain that the Minister has acceded to the request for transit; and
(b) article 16 to which reference is made in article 26J(2) shall have effect as if the reference to fifteen days were a reference
to two working days.
(4) A person in transit under this article shall not be granted bail.
Request for transit.
Added by:
XXIV. 2002.14.
26R. (1) If a person being surrendered by another state makes an unscheduled landing in Malta, he may be arrested by the Police without
warrant whereupon the provisions of article 15(1), other t h an the re fere nc e th ere i n to a r ticle 1 4 (3) and subject to
the provisions of this article, shall mutatis mutandis apply.
(2) The court shall remand him in custody pending -
(a) receipt by the Minister of a request from the ICC for his transit, and
(b) the Minister ’s decision whether to accede to the request.
(3) If no such request is received by the Minister before the end ninety-six hours beginning with the time of the arrested person’s
unscheduled landing -
(a) the Minister shall forthwith notify the court of that fact, and
(b) the court shall, on receipt of the notification, discharge the arrested person.
(4) If the Minister receives such a request before the end of that p e ri od, h e shall noti f y t h e cou r t w itho u t d e
lay of hi s decisio n whether to accede to the request.
Unscheduled landing. Added by:
XXIV. 2002.14.
(5) If the Minister notifies the court that he has decided to accede to the request -
(a) the court shall, on receipt of the notification, terminate the period of remand, and
(b) the provisions of article 26Q shall apply with the substitution for the reference to the time of arrival in Malta in
subarticle (2)(c) thereof of a reference to the time of notification to the court under this subarticle.
(6) If the Minister notifies the court that he has decided not to accede to the request, the court shall, on receipt of the notification,
discharge the arrested person.
State or diplomatic immunity.
Added by: XXIV. 2002.14.
Cap. 365.
Supplementary provisions
(2) Where -
(a) state or diplomatic immunity attaches to a person by reason of a connection with a state other than a state party to the ICC
Treaty, and
(b) waiver of that immunity is obtained by the ICC in relation to a request for that person’s surrender,
the waiver shall be treated as extending to proceedings under this
Part in connection with that request.
(3) A certificate by the Minister -
(a) that a state is or is not a party to the ICC Treaty, or
(b) that there has been such a waiver as is mentioned in subarticle (2),
is conclusive evidence of that fact for the purposes of this Part.
(4) The Minister may in any particular case, after consultation with the ICC and the state concerned, direct that proceedings (or
further proceedings) under this Part which, but for subarticle (1) or (2), would be prevented by state or diplomatic immunity attaching
to a person shall not be taken against that person.
(5) The power to make regulations conferred by article 3(1) of the National Interest (Enabling Powers) Act includes the power to make in relation to any proceedings such provision corresponding to the provision made by this article in relation
to the proceedings, but with the omission -
(a) in subarticle (1), of the words ''by reason of a connection with a state party to the ICC Treaty'', and
(b) of subarticles (2) and (3),
as it appears to the Prime Minister to be necessary or expedient in conse quence of such a refe rral as is me nt io ned i n art ic
le 13 (b ) (referral by the United Nations Security Council).
(6) In this article ''state or diplomatic immunity'' means any privilege or immunity attaching to a person, by
reason of the status of that person or anot her as head of state, or as represen tative, official or agent of a state, under -
(a) the Diplomatic Immunities and Privileges Act, the Consular Conventions Act, the European Communities (Establishment of Delegation) Act, the Membership of International Financial Organisations Act,
(b) any other legislative provision made for the purpose of implementing an international obligation, or
(c) any rule of law derived from customary international law.
Cap. 191. Cap. 144.
Cap. 344. Cap. 235.
(a) against whom criminal proceedings are pending or in progress before a court in Malta, or who has been dealt with in such proceedings,
or
(b) against whom extradition proceedings are pending or in progress in Malta, or in respect of whom a warrant or order has been made
in such proceedings.
Delivery up of persons subject to certain proceedings, etc. Added by:
XXIV. 2002.14.
(2) Where facsimile transmission is used -
(a) for the making of a request by the ICC or the transmission of any supporting documents, or
(b) for the transmission of any document in consequence of such a request,
this Part applies as if the documents so sent were the originals of the documents so transmitted and shall be receivable and admissible
in evidence accordingly.
(3) Where the ICC amends a warrant of arrest, the provisions of this Part apply to the amended warrant as if it were a new warrant;
sohowever that this does not affect the validity of anything done in reliance on the old warrant.
Documents. Added by: XXIV. 2002.14.
PART VII
MISCELLANEOUS
Language of documents.
when any such document is in neither of these languages, the
Minister may ask for its translation into the English language.
Regulations. 28. The Minister may by regulations prescribe the form of any warrant or order to be issued or made under the provisions of this Act.
Removal of prisoners to and from other countries and enforcement of foreign punishments.
(2) In this section the term "arrangement" has the same meaning in relation to the matters mentioned in subarticle (1) as it has in other provisi ons of this Act in relation to the return of fugitive criminals.
Saving. 30. Any arrangement with a foreign state applicable to Malta u nder t h e p r ov isio ns o f the Acts o f Par l i a men t o f the Uni t ed Kingdom entitled the Extradition Acts 1870 to 1932*, on the day
immediately preceding the date of the commencement of this Act, shall, subject to the other provisions of this Act, continue so to apply until it is revoked.
Special extradition arrangements. Added by:
VII. 2010.57.
(a) arrangements have been made or are applicable between Malta and another country for the extradition of a person to
that country; and
(b) the country is not a designated Commonwealth country or a designated foreign country.
(2) The Minister may certify that the conditions in subarticle (1)( a ) and ( b ) are satisfied in relation to the extradition of the person.
(3) If the Minister issues a certificate under subarticle (2), this Act app l i e s in resp ect o f t h e perso n 's ex trad
iti on t o th e ot her country as if that country were a designated foreign country.
(4) As applied by subarticle (3), this Act has effect with any other modifications specified in the certificate.
(5) A certificate under subarticle (2) in relation to a person is conclusive evidence that the conditions in subarticle (1)(a) and (b) are satisfied in relation to the person's extradition.
*Repealed by article 30(1) of the Act as originally enacted, which subsection has been omitted under the Statute Law Revision Act, 1980.
31. (1) The offences referred to in article 5(1)(e) and (g) of the Cri minal Code shall b e deem ed to have been in cl uded as extraditable offences in all extradition treaties made by Malta (or are applicable to
M a lta) with Conv enti on co unt ries and which extend to, and are binding on, Malta on the date of the coming into force of the
Security Service Act.
(2) Where this Act does not apply in the case of any state which is a party to the ''Internationally Protected Persons
Convention'' and the ''Taking of Hostages Convention'', the Minister may by order under articles 4 and 7
designate such country as a Commonwealth country under the said article 4 or as a foreign country under article
7, as the case may be and such order shall for the purposes of the said article 7 be deemed to be an arrangement as is mentioned in
that section.
(3) When this Act applies to any state by virtue only of an order made under subarticle (2) no application for extradition by
that state shall relate to any extradition crimes within the meaning of this Act except offences deemed to be included in the list
of extradition crimes pursuant to subarticle (1).
(4) For the purposes of this Act, any act, wherever committed, w h ich i s an offence ment ion e d und er this A c t an d an o
ffen c e against the law of any state in the case of which that Act is applied by an order under subarticle (2) shall be deemed to
be an offence committed within the jurisdiction of that state.
(5) In this article:
"Conven tion count ries" m eans tho s e count ries wh ich are contracting parties to the Suppression of Terrorism Convention,
the Internationally Protected Persons Convention and to the Taking of Hostages Convention;
"Internat i onally Prot ected Persons Co nven tion" means the Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons adopted by the United Nations General Assembly in 1973;
"Suppression of Terrorism Convention" m eans th e Europe an Convention on the Suppression of Terrorism done at Strasbourg
on the 27th January, 1977;
"Taking of Hostages C o nventi on" means the In ter n at io nal Convention against the Taking of Hostages opened for signature
at New York on the 18th December, 1979.
32. (1) The offences referred to in articles 115 to 121B of the Crimin al Code sh al l be de em e d t o h a ve be en i n c l ud ed as extraditable offences in all extradition treaties made by Malta (or are applicable
to M a lta) with Conv enti on co unt ries and which extend to, and are binding on, Malta on the date of the coming into force for
Malta of the Convention.
(2) Where this Act does not apply in the case of any state which is a party to the "Crimin al Law Convention on Corrupti
on" the provisions of article 31(2) and (3) shall mutatis mutandis apply to any such country sohowever that the reference to "subarticle (1)" in
Special extraditable offences. Added by: XVII.1996.19. Cap. 9.
Cap. 391.
Other special extraditable offences. Added by;
III. 2002.163.
Cap. 9.
the said subarticle (3) shall be read and construed as a reference to subarticle (1) of this article.
(3) In this article:
"Co nventi on co untries" m e an s those cou n tries whi c h are contracting parties to the Convention;
" t h e Co nv en ti on " means the Criminal Law C o nvention on
Corruption done at Strasbourg on the 27th January 1999.
Amended by: III. 2001.28.
1. Wilful homicide
SCHEDULE [SECTION 5]
2. Involuntary homicide
3. An offence against the law relating to abortion
4. Wilful grievous bodily harm
5. Assault occasioning actual bodily harm
6. Rape (carnal knowledge with violence)
7. Abduction
8. Unlawful sexual intercourse with a female
9. Violent indecent assault
10. Procuring, or trafficking in, women or young persons for immoral purposes
11. Bigamy
12. Illegal arrest, detention or confinement, or dealing in slaves
13. Unlawful removal of persons to a foreign country or confinement therein
14. Kidnapping, abandoning or exposing a child
15. Bribery
16. Perjury or subornation of perjury or conspiring to defeat the course of justice
17. Arson or fire-raising
18. An offence concerning counterfeit currency
19. An offence against the law relating to forgery
20. Theft
21. Misappropriation, fraud relating to insurance, barratry, fraudulent breach of trust in respect of papers signed in blank
or otherwise, commercial or industrial fraud , obtaining money or property by false pretences, other cases of fraudulent gain
22. Receiving stolen property or property which was m isapp li ed o r o btai ned by m eans of an y o ffence,
or k now ing ly
taking part in the sale or disposal thereof
23. Embezzlement
24. Blackmail, private violence, unlawful exaction, extortion
25. An offence against bankruptcy law or company law
26. Malicious or wilful damage to property
27. Acts done with the intention of endangering vehicles, vessels or aircraft
28. An offence against the law relating to dangerous drugs or narcotics
29. Piracy
30. Revolt against the authority of the master of a ship or the commander of an aircraft
31. An offence against the law relating to computer misuse
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