S.L. 276.5 Art. 19Earlier extradition to Malta from a scheduled country or a third country.

(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 scheduled country 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 final discharge, or has returned to that territory after leaving it;

(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 manner attesting that the person concerned has given his consent voluntarily and in full awareness of the consequences. The requested person shall have the right to legal counsel; and

(c) where the requested person is not subject to the speciality rule in accordance with this Order.

(2) A person who has been surrendered pursuant to a European arrest warrant shall not be extradited to a third country without the consent of the competent authority of the scheduled country which surrendered the person. Consent shall be given in accordance with the applicable conventions.