S.L. 276.5 Art. 36Undertaking in relation to person serving sentence in Malta.

(1) This article applies if -

(a) the court orders a person’s return to a scheduled country;

(b) the person is serving a sentence of imprisonment or another form of detention in Malta.

(2) This article does not apply if the order is made under article 44 or 46.

(3) The court may make the order for return subject to the condition that the return is not to take place before it receives an undertaking given on behalf of the scheduled country in terms specified by the court.

(4) The terms which may be specified by the court in relation to a person accused in a scheduled country of the commission of an offence include terms -

(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the scheduled country;

(b) that the person be returned to Malta to serve the remainder of his sentence on the conclusion of those proceedings.

(5) The terms which may be specified by the court in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a scheduled country include terms that the person be returned to Malta to serve the remainder of his sentence after serving any sentence imposed on him in the scheduled country for -

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the scheduled country.

(6) Sub-articles (7) and (8) apply if the court makes an order for surrender subject to a condition under sub-article (3).

(7) If the court does not receive the undertaking before the end of the period of twenty-one days starting with the day on which it makes the order and the person applies to the court to be discharged, the court must order his discharge.

(8) If the court receives the undertaking before the end of that period -

(a) in a case where article 34 applies, the required period for the purposes of article 34(3) is ten days starting with the day on which the court receives the undertaking;

(b) in a case where article 35 applies, the required period for the purposes of article 35(2) is ten days starting with the first day on which, having regard to article 21(2)(b) and (c) of the relevant Act, the person could have been returned or (if later) the day on which the court receives the undertaking.