S.L. 276.5 Art. 35Surrender followingappealor other proceedings.

(1) This article applies if -

(a) there is an appeal against an order for a person’s return to a scheduled country or other proceedings as those described in article 21(2)(b) of the relevant Act, and

(b) the person is not discharged by order of the Court of Criminal Appeal or of any other court.

(2) Subject to article 38(3) the person must be returned to the scheduled country before the end of the required period.

(3) The required period is -

(a) ten days starting with the first day on which, having regard to article 21(2)(b) of the relevant Act, he could have been returned; 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.

(4) If sub-article (3) is not complied with, the court must order his discharge.