S.L. 276.5 Art. 74Re-extradition: preliminary.

(1) Article 75 applies in relation to a person if the conditions in sub-articles (2) to (6) are satisfied.

(2) The first condition is that the person was extradited to a scheduled country in accordance with Part II.

(3) The second condition is that the person was serving a sentence of imprisonment or another form of detention in Malta (in this article and in articles 75 and 76 referred to as "Malta sentence") before he was extradited.

(4) The third condition is that the Part II warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence.

(5) The fourth condition is that a certificate issued by a judicial authority of the scheduled country shows that -

(a) a sentence of imprisonment or another form of detention for a term of four months or a greater punishment (in this article and in articles 75 and 76 referred to as "the overseas sentence") was imposed on the person in the territory;

(b) the overseas sentence was imposed on him in respect of -

(i) the offence specified in the warrant or request, or

(ii) any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.

(6) The fifth condition is that before serving the overseas sentence the person was returned to Malta to serve the remainder of Malta sentence.