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S.L. 276.8 · Extradition (Republic Of Iceland And (S.L. 276.8)

S.L. 276.8 Art. 66Dealing with person for other offences. Effectofconsent extradition to Malta.

PART III

In KraftAmtlicher Text

(1) This article applies if a person is extradited to Malta from a scheduled country in pursuance of a Part III warrant.

(2) The person may be dealt with in Malta for an offence committed before his extradition only if -

(a) the offence is one falling within subarticle (3), or

(b) the condition in sub-rticle (4) is satisfied.

(3) The offences are -

(a) the offence in respect of which the person is extradited;

(b) an offence disclosed by the information provided to the designated country in respect of that offence;

(c) an extraditable offence in respect of which consent to the person being dealt with is given on behalf of the scheduled country;

(d) an offence which is not punishable with imprisonment or another form of detention;

(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4) The condition is that the person has been given an opportunity to leave Malta and -

(a) he has not done so before the end of the permitted period, or

(b) he has done so before the end of the permitted period and has returned to Malta.

(5) The permitted period is 45 days starting with the day on which the person arrives in Malta.

to 67. (1) This article applies if -

(a) a person is extradited to Malta from a scheduled country in pursuance of a Part III warrant;

(b) the person consented to his extradition to Malta in accordance with the law of the scheduled country.

(2) Article 66(2) does not apply if the conditions in subarticle

(3) or the conditions in subarticle (4) are satisfied.

(3) The conditions are that -

(a) under the law of the scheduled country, the effect of the person’s consent is to waive his right under article 66(2);

(b) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law.

(4) The conditions are that -

(a) under the law of the scheduled country, the effect of the person’s consent is not to waive his right under article 66(2);

(b) the person has expressly waived his right under article 66(2) in accordance with that law;

(c) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law;

(d) the person has not revoked the waiver of his right under article 66(2) in accordance with that law, if he is permitted to do so under that law.