S.L. 276.8 Art. 64Return to extraditing country to serve sentence.

(1) This article applies if -

(a) a Part III warrant is issued in respect of a person;

(b) the warrant states that it is issued with a view to his extradition to Malta for the purpose of being prosecuted for an offence;

(c) he is extradited to Malta from a scheduled country in pursuance of the warrant;

(d) he is extradited on the condition that, if he is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, he must be returned to the scheduled country to serve the sentence;

(e) he is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it.

(2) The person must be returned to the designated country to serve the sentence as soon as is reasonably practicable after the sentence is imposed.

(3) If subarticle (2) is complied with the punishment for the offence must be treated as remitted but the person’s conviction for the offence must be treated as a conviction for all other purposes.

(4) If subarticle (2) is not complied with and the person applies to a Magistrate to be discharged the Magistrate must order his discharge, unless reasonable cause is shown for the delay.