S.L. 276.5 Art. 63Undertaking in relation to person serving sentence.

(1) This article applies if -

(a) a Part III warrant is issued in respect of a person;

(b) the person is serving a sentence of imprisonment or another form of detention in a scheduled country;

(c) the person’s extradition to Malta from the scheduled country in pursuance of the warrant is made subject to a condition that an undertaking is given on behalf of Malta with regard to his treatment in Malta or his return to the scheduled country (or both).

(2) The Minister may give an undertaking to a person acting on behalf of the scheduled country with regard to either or both of these things:

(a) the treatment in Malta of the person in respect of whom the warrant is issued;

(b) the return of that person to the scheduled country.

(3) The terms which may be included by the Minister in an undertaking given under sub-article (2) in relation to a person accused in Malta 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 Malta;

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

(4) The terms which may be included by the Minister in an undertaking given under sub-article (2) in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in Malta include terms that the person be returned to the scheduled country to serve the remainder of his sentence after serving any sentence imposed on him in Malta.