S.L. 276.5 чл. 50Undertaking in relation to person serving sentence.

(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 sub-article (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.