S.L. 276.8 Art. 57Returnof person serve remainder of sentence.

(1) This article applies if -to

(a) a person who is serving a sentence of imprisonment or another form of detention in Malta is returned to a scheduled country in accordance with this Order;

(b) the person is returned to Malta to serve the remainder of his sentence.

(2) The person is liable to be detained in pursuance of his sentence.

(3) If he is at large he must be treated as being unlawfully at large.

(4) Time during which the person was not in Malta as a result of his extradition does not count as time served by him as part of his sentence.

(5) Subarticle (4) shall not apply if -

(a) the person was extradited for the purpose of being prosecuted for an offence, and

(b) the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the scheduled country.

(6) In a case falling within subarticle (5), time during which the person was not in Malta as a result of his extradition counts as time served by him as part of his sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the scheduled country.

Repatriation cases