B 1029
B 1029
L.N. 199 of 2022
EXTRADITION ACT
(CAP. 276)
Extradition (Designated Foreign Countries) (Amendment) Order, 
2022
IN EXERCISE of the powers conferred by article 7 of the
Extradition Act, the Minister for Justice and Governance, has m ade the
following order:
Citation.
S.L. 276.051. The title of this order is the Extradition (Designated
Foreign Countries) (Amendment) Order, 2022 and this Order shall be
read and construed as one with the Extradition (Designated Fore ign
Countries) Order, hereinafter referred to as "the principal order".
Amends article 
12 of the 
principal order.2. In sub-article (3) of article 12 of the principal order the
word "must" shall be substituted by the words "may, after considering
all the circumstances of the case on their own merits,".
Amends article 
14 of the principal order.3. In article 14 of the principal  order, immediately after the
words "a court of a scheduled country" there shall be added the  words
"or has been finally judged by a court in Malta".
Amends article 19 of the principal order. 4. Article 19 of the principal order shall be substituted by the
following new article:
"Earlier extradition to Malta from a scheduled country 
or a third country.19. (1) In any case, a person who has been
surrendered to a scheduled country pursuant to a
European arrest warrant may, without the consent of the
executing country, be surrendered to another scheduledcountry pursuant to a European arrest warrant issued
for any offence committed prior to his surrender in the
following cases:
(a) where the requested person, having
had an opportunity to leave the territory of the
country to which he has been surrendered, has not
done so within forty-five (45) days of his finaldischarge, or has returned to that territory after
leaving it;
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Amends article 
23 of the principal order.5. In sub-article (5) of article 23 of the principal order, the
word "must" shall be substituted by the word "may".
Amends article 
28 of the 
principal order.6. Article 28 of the principal order shall be amended as
follows:
(a) sub-article (2) thereof shall be substituted by the
following new sub-article:
"(2) Notwithstanding the court is informed that a
person in respect of whom the Part II warrant is issued is
charged with an offence in Malta based on the same act on
which the Part II warrant is based, the court shall continuewith the extradition hearing."; and 
(b) sub-article (3) thereof shall be deleted.
Amends article 
28A of the principal order.7. Sub-article (1) of article 28A o f the principal order shall be
substituted by the following new sub-article:
"(1) This article applies if  the court after deciding to
execute the European arrest warrant is informed that the person
in respect of whom the Part II warrant is issued is charged wit h
an offence in Malta based on an act other than the act on which
the Part II warrant is based.".
Amends article 
29 of the 
principal order.8. Sub-article (1) of article 29 of the principal order shall be
substituted by the following new sub-article:(b) where the requested person consents to
be surrendered to a scheduled country other than
the executing country pursuant to a European
arrest warrant. Consent shall be given before the
court and this shall be recorded in a clear mannerattesting that the person concerned has given his
consent voluntarily and in full awareness of the
consequences. The requested person shall havethe right to legal counsel; and
(c) where the requested person is not
subject to the speciality rule in accordance withthis Order.
(2) A person who has been surrendered
pursuant to a European arrest warrant shall not beextradited to a third country without the consent of the
competent authority of the scheduled country which
surrendered the person. Consent shall be given inaccordance with the applicable conventions.".
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"(1) This article applies if the court after deciding to
execute the European arrest warrant is informed that the person
in respect of whom the Part II warrant is issued, is serving asentence of imprisonment or another form of detention in
Malta.".
Amends article 
31 of the principal order.9. Article 31 of the principal order shall be amended as
follows:
(a) sub-article (1) thereof shall be substituted by the
following new sub-article:
"(1) This article applies, once the decision to
execute a Part II warrant is ta ken, and it appears to the court
that the conditions in sub-article (2) are satisfied."; and
(b) sub-article (2) thereof shall be substituted by the
following new sub-article:
"(2) The conditions are that for serious humanitarian
reasons including the existence of serious grounds that
would manifestly endanger the requested person’s life orhealth.".
Amends article 
34 of the 
principal order.10. Article 34 of the principal order shall be amended as
follows:
(a) paragraph (b) of sub-article (4) thereof shall be
substituted by the following new paragraph:
"(b) if the court is informed that the judicial
authority which issued the Part II warrant has, on the
ground that the surrender of the person is prevented bycircumstances beyond the control of the scheduled country
and of Malta, agreed to a later date, ten (10) days starting
from the later date."; and
(b) sub-article (6) thereof shall be substituted by the
following new sub-article:
"(6) Notwithstanding anything contained in article
21(2)(b) and (c) of the Act, if within the period mentioned
in sub-article (4), and before he is returned to the scheduled
country, the person files any pr oceedings as those described
in article 21(2)(b) and (c) of  the Act even if he failed to
appeal within the time allowed by the Act, the provisions of
this article shall apply.".
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Amends article 
35 of the 
principal order.11. Article 35 of the principal order shall be amended as
follows:
(a) Paragraph (b) of sub-article (3) thereof shall be
substituted by the following new paragraph:
"(b) if the court is informed that the judicial
authority which issued the Part II warrant has, on the
ground that the surrender of the person is prevented by
circumstances beyond the control of the scheduled countryand of Malta, agreed to a later date, ten (10) days starting
from the later date."; and
(b) Sub-article (4) thereof shall be substituted by the
following new sub-article:
"(4) If sub-article (3) is not complied with, the court
must order his discharge.".
Amends article 
42 of the principal order.12. In sub-article (4)(b) of article 42 of the principal order, the
words "been made." shall be substituted by the words "been made :"
and immediately after there shall be added the following new pr oviso:
"Provided that the final decision on the execution of the
Part II warrant shall be taken by the court within a period of ten (10)
days from when the requested per son consents to his surrender, while a
final decision on the execution of the Part II warrant shall be  taken
within a period of sixty (60) days after the arrest of the requ ested
person when the requested person does not consent to his surren der.".
Amends article 
44 of the 
principal order.13. Article 44 of the principal order shall be amended as
follows:
(a) in sub-article (5) thereof,  immediately after the words
"The court must" there shall be added the words "by final
decision delivered"; and
(b) sub-article (7) thereof shall be substituted by the
following new sub-article:
"(7) If sub-article (5) is not complied with the court
must order his discharge.".
Amends article 45 of the 
principal order.14. Sub-article (4) of article 45 of the principal order shall be
substituted by the following new sub-article:
"(4) If sub-article (3) is not complied with the court must
order his discharge.".
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Amends article 
47 of the 
principal order.15. Sub-article (4) of article 47 of the principal order shall be
substituted by the following new sub-article:
"(4) If sub-article (2) is not complied with the court must
order his discharge.".
Amends article 52 of the 
principal order.16. Sub-article (6) of article 52 of the principal order shall be
substituted by the following new sub-article:
"(6) The court may extend the required period for another
period of thirty (30) days if it believes it to be in the inter est of
justice to do so.".
Amends article 
54 of the 
principal order.17. Sub-article (6) of article 54 of the principal order shall be
substituted by the following new sub-article:
"(6) The court may extend the required period for another
period of thirty (30) days if it believes it to be in the inter est of
justice to do so.".
Amends article 59 of the 
principal order. 18. Article 59 of the principal order shall be amended as
follows:
(a) in paragraph (c) of sub-article (4) thereof, the words
"in corresponding circumstances" shall be substituted by the
words "in the case of an offence not listed in Schedule 2, incorresponding circumstances,"; and
(b) in paragraph (b) of sub-article (4A) thereof the words
"the conduct would constitute an offence" shall be substituted bythe words "in the case of an offence not listed in Schedule 2, the
conduct would constitute an offence".
Amends article 
60 of the principal order. 19. Article 60 of the principal order shall be amended as
follows:
(a) paragraph (c) of sub-article (2) thereof shall be
substituted by the following new paragraph:
"(c) the certificate shows that a sentence of
imprisonment or another form of detention for a term of
four (4) months or a greater punishment has been imposed
in the scheduled country in respect of the conduct.";
(b) sub-article (4) thereof shall be substituted by the
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B 1034
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following new sub-article:
(c) sub-article (4A) thereof shall be deleted.
Amends article 
72 of the principal order.20. In sub-article (2) of article 72 of the principal order, the
words "to be resumed." shall be substituted by the words "to be
resumed:" and immediately after there shall be added the follow ing
new proviso:
"Provided that in any case, the final decision on the
execution of the Part II warrant shall be taken by the court within a
period of ten (10) days from when  the requested person consents  to his
surrender while a final decision on the execution of the Part II warrantshall be taken within a period of sixty (60) days after the arrest of therequested person when the requested person does not consent to his
surrender."."(4) The conduct also constitutes an extraditable
offence in relation to the scheduled country if theseconditions are satisfied:
(a) the conduct occurs outside the
scheduled country; and
(b) a sentence of imprisonment or another
form of detention for a term of four (4) months or
a greater punishment has been imposed in the
scheduled country in respect of the conduct."; and
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