S.L. 276.10 Art. 9Amends article 25 of the relevant Act.

For the purposes of this Order, article 25 of the relevant Act, shall be amended as follows:

(a) immediately after paragraph (b) of sub-article (2) 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

(b) immediately after sub-article (3) thereof 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 offence 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 forty-five days of the day on which that person is in a position to leave.".