S.L. 276.5 Art. 53Questions for decision at consent hearing.

(1) At the consent hearing under article 52 the court must decide whether consent is required to the person being dealt with in the territory for the offence for which consent is requested.

(2) If the court decides the question in sub-article (1) in the negative it must inform the Attorney General of its decision.

(3) If the court decides that question in the affirmative it must decide whether the offence for which consent is requested is an extraditable offence.

(4) If the court decides the question in sub-article (3) in the negative it must refuse consent.

(5) If the court decides that question in the affirmative it must decide whether it would order the person’s return under articles 13 to 31 if -

(a) the person were in Malta, and

(b) the court were required to proceed under article 13 in respect of the offence for which consent is requested.

(6) If the court decides the question in sub-article (5) in the affirmative it must give consent.

(7) If the court decides that question in the negative it must refuse consent.

(8) Consent is not required to the person being dealt with in the scheduled country for the offence if the person has been given an opportunity to leave the territory and -

(a) he has not done so before the end of the permitted period, or

(b) if he did so before the end of the permitted period, he has returned there.

(9) The permitted period is forty-five days starting with the day on which the person arrived in the scheduled country following his extradition there in accordance with this Order.

(10) Subject to sub-article (8), the court must decide whether consent is required to the person being dealt with in the scheduled country for the offence by reference to what appears to it to be the law of the scheduled country or arrangements made between the scheduled country and Malta.