Cap. 446 ст. 30Grounds for refusing recognition and supervision.

(1) The Attorney General may refuse to recognise the community sanctions on the following grounds, in accordance with

Article 11 of the Framework Decision:

(a) the certificate is incomplete or manifestly does not correspond to the community sanction and has not been completed or corrected within a reasonable period set by the competent authority;

(b) if the sentenced person is not resident in Malta and the sentenced person has returned or wants to return to Malta;

(ba) if the sentenced person is not resident in Malta the said person requested the community sanction to be forwarded to Malta without the consent of the Maltese authorities;

(bb) if the community sanction provides for supervisory measures other than those referred to under article 27;

(c) the recognition of the community sanction and assumption of the responsibility for supervising community sanctions would be contrary to the principle of ne bis in idem;

(d) the judgment relates to acts which do not constitute an offence under the laws of Malta;

(e) the enforcement of the sentence is barred by prescription according to the laws of Malta and falls within its competence according to that law;

(f) there is immunity under the laws of Malta, which makes it impossible to supervise community sanctions;

(g) under the laws of Malta, the sentenced person cannot, owing to his age, be held criminally liable for the offences in respect of which the judgment was issued;

(h) the judgment was rendered in absentia, unless:

(i) the certificate referred to in article 28(2) states that the person summoned personally or informed through a representative competent according to the laws of Malta of the time and place of the proceedings, or that the person actually received official information of the scheduled time and place of the proceedings and was also informed that a decision may be handed down if he does not appear for the proceedings; or

(ii) the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to appear in against him; or

(iv) subsequent to the decision, which would have been served upon him, the person concerned, after being informed of his right to appeal or to a retrial, expressly stated that he does not intend to contest the decision or did not contest such decision within the applicable time frame;

(i) the community sanction provides for medical and, or therapeutic treatment which Malta is unable to supervise in view of its legal or healthcare system;

(j) the community sanction is of less than six months’ duration; or

(k) the judgement relates to criminal offences which under the laws of Malta are regarded as having been committed wholly or for a major or essential part within its territory, or in a place equivalent to its territory.

(2) Where the certificate is incomplete or does not correspond to the community sanction, the Attorney General may postpone the decision referred to under article 29 until a reasonable deadline is set for the certificate to be completed or corrected.