S.L. 276.5 Art. 34Surrender where no appeal or other proceedings.

(1) This article applies if -

(a) the court of committal orders a person’s surrender to a scheduled country under this Order, and

(b) no appeal is filed within the time allowed under the relevant Act.

(2) This article does not apply if the order is made under article 45 or 46.

(3) Subject to sub-article (6) of this article and to article 38(3), the person must be surrendered to the scheduled country before the end of the required period.

(4) The required period is -

(a) ten days starting with the day on which the court makes the order, or

(b) if the court is informed that the judicial authority which issued the Part II warrant has, on the ground that the surrender of the person is prevented by circumstances beyond the control of the scheduled country and of Malta, agreed to a later date, ten (10) days starting from the later date.

(5) If sub-article (3) is not complied with the court must order his discharge, unless reasonable cause is shown for the delay.

(6) Notwithstanding anything contained in article 21(2)(b) and (c) of the Act, if within the period mentioned in sub-article (4), and before he is returned to the scheduled country, the person files any proceedings as those described in article 21(2)(b) and (c) of the Act even if he failed to appeal within the time allowed by the Act, the provisions of this article shall apply.