S.L. 276.5 Art. 13Bars to extradition.

(1) If the court is required to proceed under this article it must decide whether the person’s return to the scheduled country is prohibited by reason of:

(a) the rule of ne bis in idem;

(b) the person’s age;

(c) amnesty.

(1A) If the court is required to proceed under this article, it may refuse to execute the return of the person to the scheduled country if the return is prohibited by reason of:

(a) prescription or lapse of time;

(b) speciality;

(c) the person’s earlier extradition to Malta from another scheduled country;

(d) the person’s earlier extradition to Malta from a country other than a scheduled country.

(2) Articles 14 to 22 apply for the interpretation of sub-articles

(1) and (1A).

(3) If the court decides that the person’s return is barred by any of the reasons mentioned in sub-articles (1) and (1A), it must order the person’s discharge.

(4) If the court decides that the person’s return is not barred by any of the reasons mentioned in sub-articles (1) and (1A) and the person is alleged to be unlawfully at large after conviction of the extraditable offence, the court must proceed under article 23.

(5) If the court decides that the person’s return is not barred by any of the reasons mentioned in sub-articles (1) and (1A) and the person is accused of the commission of the extraditable offence but is not alleged to be unlawfully at large after conviction of it, the court must proceed under article 24.