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Extradition Act (Cap. 276) Extradition (Republic Of Tunisia) (Amendment) Order, 2010 (L.N. 46 Of 2010 )

EXTRADITION ACT (CAP. 276)Extradition (Republic of Tunisia) (Amendment) Order, 2010

Citation and commencement.

.

.S.L.276.06.

Amends article

2 of the principal Order.

Amends article

6 of the

principal Order.

Amends article

7 of the principal Order.

IN exercise of the powers conferred by article 7 of the Extradition Act, the Minister for Justice and Home Affairs has made the following order:-

(2) This order shall be deemed to have come into force on the
1st December, 2009.

" "the requested country" means the country receiving the request for extradition;
"the requesting country" means the country making the request for extradition;".

"6. If the request for extradition concerns several distinct offences, each offence being punishable by the requesting and the requested countries' laws by imprisonment, in the case that some offences do not meet the condition relative to the sentence's duration laid down in Article 8(1)(a) of the relevant Act, extradition may also be granted for the latter offences.".

"(b) immediately after sub-article (3) of the relevant Act there shall be added the following:
"(3A) When the description of the offence charged is altered in the course of proceedings, a person shall not be

B 435
returned under this Act to any country, or committed to or kept in custody for the purpose of such return, unless provision is made by the law of that country, or by an arrangement made with that country, that the extradited person will only be dealt with insofar as the offence, under its new description, is shown to be an extraditable offense and is based on the same facts contained in the extradition request.".".

Adds new

article 8A to the

principal Order.

"Adds new article 11A

to the relevant Act.

8A. For the purposes of this Order, immediately after article 11 of the relevant Act there shall be added the following new article:

"Further extradition. 11A. A person returned to the Republic of Tunisia, may not be the subject of onward extradition or surrender for any offence committed prior to extradition unless the Minister consents."."

Substitutes article 9 of the principal Order.

"Adds new article 12A

to the relevant Act.

9. For the purposes of this Order, immediately after article 12 of the relevant Act there shall be added the following new article:

" Temporary Surrender. 12A. (1) f the court commits the person to custody to await his return and the person is still being prosecuted for some offence committed within Maltese jurisdiction or is undergoing sentence in Malta, the court may temporarily surrender the person requested to the Republic of Tunisia for the purpose of prosecution.

(2) The temporary surrender shall take place in accordance with the conditions agreed in writing with the authority making the request for extradition.".".

Deletes article

11 of the

principal Order.

B 436

Substitutes article 14 of the principal Order.

Amends article

15 of the

principal Order.

"14. For the purposes of this Order, immediately after sub- article (3) of article 25 of the relevant Act there shall be added the following:
"(3A) (a)When the description of the offence charged has been altered in the course of extradition proceedings, a person returned to Malta shall only be dealt with insofar as the offence, under its new description, is shown to be an extraditable offence and is based on the same facts contained in the extradition request.
(b)A person returned to Malta may not be extradited to a third State for any offense committed prior to extradition to Malta unless the requested country consents."
(c)The foregoing provisions of this sub-article shall not prevent the further extradition of a person to a third State or international tribunal, if:
(i) that person leaves the territory of Malta after extradition and voluntarily returns to it; or
(ii) that person does not leave the territory of Malta within 45 days of the day on which that person is in a position to leave.".".

(a) in sub-article (1) thereof, immediately after the words "surrendered to the Republic of Tunisia" there shall be inserted the words "by a third State"; and
(b) immediately after sub-article (3) thereof, there shall be added the following:
"(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.".

Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) Valletta - Published by the Department of Information - (doi.gov.mt) - Valletta

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