S.L. 276.8 Art. 62Issue of Part III warrant.

(1) A magistrate may issue a Part III warrant in respect of a person if -

(a) a police officer not below the rank of inspector applies to a Magistrate for a Part III warrant, and

(b) the condition in subarticle (2) is satisfied.

(2) The condition is that the Attorney General has given his consent to the issue of a Part III warrant in respect of the person and there are reasonable grounds for believing -

(a) that the person has committed an extraditable offence, or

(b) that the person is unlawfully at large after conviction of an extraditable offence by a court in Malta.

(3) A Part III warrant is an arrest warrant which contains -

(a) the statement referred to in subarticle (4) or the statement referred to in subarticle (5), and

(b) the certificate referred to in subarticle (6).

(4) The statement referred to in sub-article (3)(a) is one that the person in respect of whom the warrant is issued is wanted in Malta for the purposes of conducting a criminal prosecution for the commission of an offence specified in the warrant.

(5) The statement is one that -

(a) the person in respect of whom the warrant is issued is alleged to be unlawfully at large after conviction of an extraditable offence specified in the warrant by a court in Malta, and

(b) the warrant is issued with a view to his arrest and extradition to Malta for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(6) The certificate is one certifying -

(a) whether the conduct constituting the extraditable offence specified in the warrant falls within the European framework list;

(b) whether the offence is an extra-territorial offence;

(c) what is the maximum punishment that may be imposed on conviction of the offence or (if the person has been sentenced for the offence) what sentence has been imposed.

(7) The conduct which falls within the European framework list must be taken for the purposes of subarticle (6)(a) to include conduct which constitutes -

(a) an attempt, conspiracy or incitement to carry out conduct falling within the list, or

(b) aiding, abetting, counselling or procuring the carrying out of conduct falling within the list. The European framework list is the list of conduct set out in Schedule 2.

(8) Any statement or certificate referred to by this article may be set out in accordance with the form contained in the Annex to the Arrangement.