S.L. 276.8 Art. 28APerson also charged with offence in Malta.

(1) This article applies if at any time in the extradition hearing the court is informed that the person in respect of whom the

Part II warrant is issued is charged with an offence in Malta based on an act other than the act on which the Part II warrant is based.

(2) If the court commits the person to custody to await his return and the person is still being prosecuted for the charges referred to in subarticle (1), it may:

(a) postpone the surrender of the person until any of the following occurs:

(i) the charge is disposed of;

(ii) the charge is withdrawn;

(iii) proceedings in respect of the charge are discontinued;

(iv) the proceedings are put off sine die: Provided that at any time after the decision to postpone, the court may grant bail to the person whose surrender has been temporarily postponed, so however that, when any of the events mentioned in sub-paragraph (i) to (iv) occurs, the court shall forthwith order the re-arrest and surrender of the person; or

(b) temporarily surrender the person under conditions agreed in writing with the authority which issued the Part II warrant.

(3) If the court commits the person to custody to await his return and the person has been sentenced and has not yet served his sentence the court may:

(a) postpone surrender until the person has served his sentence; or

(b) temporarily surrender the person under conditions agreed in writing with the authority which issued the Part II warrant.