S.L. 9.21 Art. 9Grounds for non- recognition.

(1) A European protection order shall not be recognised by a court of criminal jurisdiction if:

(a) the European protection order is not complete or has not been completed within the time limit set by the court;

(b) the requirements set out in regulation 6 have not been met;

(c) the protection measure relates to an act that does not constitute an offence;

(d) the protection derives from the execution of a penalty or measure that, according to the laws of Malta, is covered by an amnesty and relates to an act or conduct which falls within the jurisdiction of the Maltese courts;

(e) under the laws of Malta there is immunity conferred on the person causing danger, which makes it impossible to adopt measures on the basis of a European protection order;

(f) criminal prosecution, against the person causing danger, for the act or the conduct in relation to which the protection measure has been adopted is barred by prescription according to the law of Malta and relates to an act or conduct which falls within the jurisdiction of the Maltese courts;

(g) recognition of the European protection order would contravene the ne bis in idem principle;

(h) under the laws of Malta the person causing danger cannot, because of that person’s age, be held criminally responsible for the act or the conduct in relation to which the protection measure has been adopted;

(i) the protection measure relates to a criminal offence which, under the laws of Malta, is regarded as having been committed, wholly or for a major or essential part, within its territory.

(2) Where a court refuses to recognise a European protection order in the application of one of the grounds referred to in subregulation (1), the court shall:

(a) without undue delay, inform the issuing State and the protected person of this refusal and of the grounds relating thereto;

(b) where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure in accordance with its national law;

(c) inform the protected person of any applicable legal remedies that are available under its national law against such a decision.