S.L. 276.10 Art. 6Amends article 10 of the relevant Act.

For the purposes of this Order, article 10 of the relevant

Act shall be amended as follows:

(a) for sub-article (1) thereof, there shall be substituted the following: "10. (1) 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, if it appears to the Minister or to the court of committal -

(a) that the offence of which that person is accused or was convicted is an offence of a political character or an offence connected with a political offence; 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, religion, nationality or political opinions; 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, religion, nationality or political opinions; or

(d) that there are serious reasons to believe that if returned, he may be subjected to a judicial process which does not conform with the minimum guarantees inherent to a fair trial; or

(e) that the punishment provided or the sentence awarded for the offence for which a person’s return is being requested, is of a nature which is not applicable under Maltese law.";

(b) immediately after paragraph (b) of sub-article (3) thereof, there shall be inserted the following: "(b bis) a differently denominated offence based on the same facts as the offence for which extradition was granted, provided that such offence is extraditable; or"; and

(c) immediately after sub-article (3) thereof, there shall be added the following new sub-article: "(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 to be an extraditable offence and is based on the same facts contained in the extradition request.".