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Extradition Act (Cap. 276) Extradition (United States Of America) (Amendment) Order, 2010 (L.N. 48 Of 2010 )

EXTRADITION ACT (CAP. 276)Extradition (United States of America) (Amendment) Order, 2010

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

" "the requested State" means the State receiving the request for extradition;".

"4. For the purposes of this Order, article 8(1)(a) of the relevant Act shall apply as if for the words "under that law" therein there were substituted the words "under Maltese law and under that law" and for the words "twelve months" therein, there were substituted the words "of more than twelve months".".

(a) in paragraph (b) thereof, for the words "ordered."; and" there shall be substituted the words "ordered."; and
(b) paragraph (c) thereof shall be deleted.

"(2) For the purposes of this Order immediately after sub-article (3) of article 10 of the relevant Act there shall be added the following:

Citation. S.L.276.07.

Amends article

2 of the

principal Order.

Substitutes article 4 of the principal Order.

Amends article

6 of the

principal Order.

Amends article

6 of the

principal Order.

B 446

Adds new

article 7A to the

principal Order.

"(3A) When the description of the offence charged is altered in the course of proceedings, a person shall not be 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 by its constituent elements to be an extraditable offence and is based on the same facts contained in the extradition request and is punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which extradition was granted.".

"Adds new article 11A

to the relevant Act.

7A. For the purposes of this Order, immediately after article 11 of the relevant Act there shall be added the following new article:

Substitutes article 8 of the principal Order.

"Further extradition. 11A. A person returned to the United States of America, may not be extradited to a third State or to an international tribunal for any offence committed prior to extradition unless the Minister consents."."

"Adds new article 12A

to the relevant Act.

8. 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) If 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 United States of America for the purpose of prosecution.

B 447
(2) The temporary surrender shall take place in accordance with the conditions agreed in writing with the authority making the request for extradition.".".

(a) for paragraph (c) thereof, there shall be substituted the following:
"(c) 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 by its constituent elements to be an extraditable offence and is based on the same facts contained in the extradition request and is punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which extradition was granted.
(b) A person returned to Malta may not be extradited to a third State or to an international tribunal for any offence committed prior to extradition to Malta unless the requested State consents.
(c) The foregoing provisions of this sub-article shall not prevent the further extradition of a person to a third State 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 30 days of the day on which that person is in a position to leave."; and
(b) in paragraph (d) thereof, for the words " "thirty"; and"

Deletes article

10 of the

principal Order.

Amends article

11 of the

principal Order.

Amends article

13 of the

principal Order.

B 448
there shall be substituted the words " "thirty"."; and

Amends article

15 of the

principal Order.

Amends article

16 of the principal Order.

(c) paragraph (e) thereof shall be deleted.

(a) in sub-article (1) thereof, immediately after the words "surrendered to the United States of America" there shall be inserted the words "by a third State"; and
(b) immediately after sub-article (2) thereof, there shall be added the following new sub-article:
"(3) 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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