S.L. 276.8 Art. 56Consent to further extradition to country other than scheduled country.

(1) This article applies if -

(a) a person is extradited to a scheduled country, in this article and in article 57 referred to as "the requesting country", in accordance with this Order;

(b) the Minister receives a request for consent to the person’s extradition to a country, other than a scheduled country, in this article and in article 57 referred to as "the third country", for an offence;

(c) the request is certified under this article by the Attorney General.

(2) The Attorney General may certify a request for consent under this article if he believes that the authority making the request -

(a) is a judicial authority of the requesting country, and

(b) has the function of making requests for the consent referred to in subarticle (1)(b) in that country.

(3) A certificate under subarticle (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subarticle.

(4) The Minister must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5) The Minister must decide whether the offence is an extraditable offence within the meaning given by article 5 or article 8 of the relevant Act, as the case may be, in relation to the third country.

(6) If the Minister decides the question in subarticle (5) in the negative he must refuse consent.

(7) If the Minister decides that question in the affirmative he must decide whether the court would commit the person to custody to await his return under article 15 of the relevant Act if -

(a) the person were in Malta, and

(b) the court were required to proceed under articles 13 and 15 of the relevant Act in respect of the offence for which the consent of the Minister is requested.

(8) If the Minister decides the question in subarticle (7) in the negative he must refuse his consent.

(9) If the Minister decides that question in the affirmative he must decide whether, if the person were in Malta, his extradition to the third country in respect of the offence would be prohibited under article 10 or article 12 of the relevant Act or whether he would have decided not to order his extradition under article 11 of the relevant Act.

(10) If the Minister decides the question in subarticle (9) in the negative he may give consent.

(11) If the Minister decides that question in the affirmative he must refuse consent.