S.L. 276.8 Art. 13Bars to extradition.

(1) If the court is required to proceed under this article it must decide whether the person’s return to the scheduled country is prohibited by reason of -

(a) the rule of ne bis in idem;

(b) prescription or lapse of time;

(c) the person’s age;

(d) speciality;

(e) the person’s earlier extradition to Malta from another scheduled country;

(f) the person’s earlier extradition to Malta from a country other than a scheduled country;

(g) amnesty;

(h) death penalty.

(2) Articles 14 to 22 apply for the interpretation of subarticle (1).

(3) If the court decides that the person’s return is barred by any of the reasons mentioned in subarticle (1), it must order the person’s discharge.

(4) If the court decides that the person’s return is not barred by any of the reasons mentioned in subarticle (1) and the person is alleged to be unlawfully at large after conviction of the extraditable offence, the court must proceed under article 23.

(5) If the court decides that the person’s return is not barred by any of the reasons mentioned in subarticle (1) and the person is accused of the commission of the extraditable offence but is not alleged to be unlawfully at large after conviction of it, the court must proceed under article 24.