S.L. 9.19 Art. 9Grounds for non- recognition.

(1) A decision on supervision measures shall not be recognised by the Attorney General if:

(a) the certificate provided for in Schedule 2 is not produced, is incomplete or manifestly does not correspond to the decision on supervision measures and is not completed or corrected within a reasonable time as may have been established by the Attorney General and communicated to the issuing State;

(b) the person to whom the decision refers is not lawfully and ordinarily residing in Malta or in any other case there has been no agreement to recognise the decision or where the supervision measures sought to be monitored are not amongst those notified by Malta in accordance with Article 8(2) of the Arrangement;

(c) recognition of the decision on supervision measures would be contrary to the principle of ne bis in idem;

(d) the act on which the decision on supervision measures is based is not one falling within the list of scheduled conduct and does not constitute an offence under the law of Malta;

(e) the execution of the decision on supervision measures is barred by prescription according to the law of Malta and the acts constituting the offence for which the decision was issued fall within the jurisdiction of the Maltese courts;

(f) there is an immunity or privilege under the law of Malta which prevents the monitoring of the supervision measures;

(g) the decision has been imposed on a person with regard to acts for which he would have been exempted from criminal responsibility under the criminal law of Malta by reason of his age;

(2) The Attorney General shall consult with the authorities of the issuing State when he makes a decision to refuse recognition of the decision on supervision measures based on the grounds listed in sub-regulation (1)(a), (b) and (c).