S.L. 276.5 Art. 76Re-extradition to scheduled country.

(1) Subject to sub-article (2), if this article applies, this Order applies as it would if -

(a) a Part II warrant had been issued in respect of the person;

(b) the warrant contained a statement that -

(i) the person was alleged to be unlawfully at large after conviction of the relevant offence, and

(ii) the warrant was issued with a view to the person’s arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;

(c) the warrant were issued by the authority of the territory which issued the certificate referred to in article 74(5);

(d) the relevant offence were specified in the warrant;

(e) the hearing at which the court is to make the decision referred to in article 75(1) were the extradition hearing;

(f) the proceedings before the court were under Part II.

(2) As applied by sub-article (1) this Order has effect with the following modifications:

(a) in article 13(1), paragraphs (c), (f) and (g) are to be omitted;

(b) in article 38(2)(a), for the words "a certificate is issued under article 7 in respect of the warrant" there shall be substituted the words "the person would (apart from article 75(1) ) be released from detention pursuant to Malta sentence";

(c) in article 42(2)(a), for the words "following his arrest under this Order" substitute the words "under article 75(1)";

(d) in article 43(1), for the words from "arrested" to "issued" substitute the words "brought before the court under article 75(1) may consent to his return to the territory in which the overseas sentence was imposed". Legal aid