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L.S. 276.07 Ordni dwar l-Estradizzjoni (Stati Uniti ta' l-Amerika)

[ S.L.276.07 EXTRADITION (UNITED STATES OF AMERICA) 1 SUBSIDIARY LEGISLATION 276.07 EXTRADITION (UNITED STATES OF AMERICA) ORDER 1st July, 2009 LEGAL NOTICE 375 of 2007, as amended by Legal Notice 48 of

  2. The title of this Order is the Extradition (United States of America) Order.
  3. In this Order, unless the context otherwise requires - Citation. "the Minister" means the Minister responsible for justice; Interpretation. Amended by: L.N. 48 of
  4. "the relevant Act" means the Extradition Act; Cap.
  5. "the relevant date" shall mean the date the Order enters into force; "the requested State" means the State receiving the request for extradition; "the Treaty" means the Treaty between the Government of Malta and the Government of the United States of America signed on the 18th May 2006 in Valletta, the terms of which are set out in the relative Treaty published in the Government Gazette dated the 13th November
  6. 3.

(1)The provisions of the relevant Act, save where otherwise expressly indicated, shall apply to requests received or made by Malta on or after the relevant date for the return of a fugitive criminal to or from the United States of America in pursuance of a request made under this Order, and the provisions of the relevant Act shall have effect in relation to the return under this Order of persons to, or in relation to persons returned under this O r d e r f r o m , t h e U n i t e d St a t e s o f A m e r i c a s u b j e c t t o s u c h cond itio ns, exceptions, ad ap tations o r mo dification s as are specified in this Order. Relationship between the Order and the relevant Act and transitory provisions.
(2)The relevant Act and any applicable Treaty in force before the relevant date shall continue to apply to requests for the return of a fugitive criminal to the United States of America pending in Malta on the relevant date and to requests made by Malta to the United States of America befo re th e relev an t date, an d an y arrangement applicable between the United States of America and Malta before the relevant date shall also continue to apply to those requests: Provided that Articles 2 and 16 of the Treaty shall apply to requests pending in Malta on the relevant date. 4. For the purposes of this Order, article 8
(1)(a) of the relevant Act shall apply as if for the words "under that law" therein there were substituted the words "under Maltese law and under that law" and for the words "twelve months" therein, there were substituted the words "of more than twelve months".. Amends article 8 of the relevant Act. Substituted by: L.N. 48 of
  1. 2 [ S.L.276.07 EXTRADITION (UNITED STATES OF AMERICA) Minister may grant extradition.
  2. When the laws of Malta do not provide for the punishment of an offence committed outside its territory in similar circumstances as those in which the offence for which extradition is sought is being requested, the Minister, at his discretion, may nevertheless grant extradition provided that all other applicable requirements for extradition are satisfied. Amends article 10 of the relevant Act. Amended by: L.N. 48 of
  3. 6.
(1)For the purposes of this Order, subarticle
(3)of article 10 of the relevant Act shall be amended as follows: (
  1. a)in paragraph (
  2. c)thereof, for the words "so dealt with." there shall be substituted the words "so dealt with; or"; (
  3. b)immediately after paragraph (
  4. c)thereof, there shall be added the following new paragraph: "(
  5. d)any lesser included offence shown by its constituent elements to be an extraditable offence and based on the same facts as the offence for which extradition was ordered.".
(2)For the purposes of this Order immediately after sub-article
(3)of article 10 of the relevant Act there shall be added the following: "(3A) When the description of the offence charged is altered in the course of proceedings, a person shall not be returned under this Act to any country, or committed to or kept in custody for the purpose of such return, unless provision is made by the law of that country, or by an arrangement made with that country, that the extradited person will only be dealt with insofar as the offence, under its new description, is shown by its constituent elements to be an extraditable offence and is based on the same facts contained in the extradition request and is punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which extradition was granted.". Amends article 11 of the relevant Act. 7. For the purposes of this Order, paragraph (c) of subarticle
(2)of article 11 of the relevant Act shall apply as if for the words "will be granted a new trial if he so requests;" therein there were substituted the words "was afforded an adequate opportunity to present a defence or that there are adequate remedies or additional proceedings available to such person after surrender;". Adds new article 11A to the relevant Act. Added by: L.N. 48 of
  1. 7A. For the purposes of this Order, immediately after article 11 of the relevant Act there shall be added the following new article: Adds new article 12A to the Act. Substituted by: L.N. 48 of
  2. "Further extradition.
  3. 11A. A person returned to the United States of America, may not be extradited to a third State or to an inter national tr ib unal fo r an y offen ce committed prior to extradition unless the Minister consents.". For the purposes of this Order, immediately after article 12 EXTRADITION (UNITED STATES OF AMERICA) [ S.L.276.07 3 of the relevant Act there shall be added the following new article: " Temporary surrender. 12A.
(1)If the court commits the person to custody to await his return and the person is still being prosecuted for some offence committed within Maltese jurisdiction or is undergoing sentence in Malta, the court may temporarily surrender the person requested to the United States of America for the purpose of prosecution.
(2)The temporary surrender shall take place in accordance with the conditions agreed in writing with the authority making the request for extradition.". 9. For the purposes of this Order, subarticle
(5)of article 15 of the Act shall be amended as follows: Amends article 15 of the relevant Act. (a) the whole subarticle
(5)thereof shall be renumbered as paragraph (a); and (
  1. b)immediately after paragraph (
  2. a)as renumbered, there shall be inserted the following: "(
  3. b)When a person consents to his return under the preceding sub-article he must declare whether he waives any right he would have, apart from the consent, not to be dealt with in the United States of America for an offence committed before his return.". 10. (Deleted by Legal Notice 48 of 2010). 11. For the purposes of this Order, for subarticle
(2)of article 22 of the relevant Act there shall be substituted the following: "
(2)A document shall be deemed to be duly authenticated for the purpose of this article if it bears the certificate or seal of the United States Department of Justice or of the Ministry or Department responsible for Foreign Affairs and shall be admissible in evidence in proceedings under the relevant Act without further certification, authentication or other legalization.".
  1. For the purposes of this Order, article 23 of the relevant Act shall be amended as follows: Amends article 21 of the relevant Act. Amends article 22 of the relevant Act. Amended by: L.N. 48 of
  2. Amends article 23 of the relevant Act. (a) in subarticle
(1)thereof, for the words "any property" there shall be substituted the words "all items connected with the offence in respect of which extradition is granted, and any property"; and (b) in subarticle
(2)thereof, for the words "death or escape" there shall be substituted the words "death, disappearance or escape". 13. For the purposes of this Order, article 25 of the relevant Act shall be amended as follows: (a) in paragraph (c) of subarticle
(2)thereof, for the words "dealt with." there shall be substituted the words "dealt with; or"; Amends article 25 of the relevant Act. Amended by: L.N. 48 of 2010. 4 [ S.L.276.07 EXTRADITION (UNITED STATES OF AMERICA) (b) immediately after paragraph (c) of subarticle
(2)thereof, there shall be added the following new paragraph: "(
  1. d)any lesser included offence shown by its constituent elements to be an extraditable offence and based on the same facts as the offence for which extradition was ordered."; (
  2. c)immediately after sub-article
(3)thereof, there shall be added the following: "(3A) (
  1. a)When the description of the offence charged has been altered in the course of extradition proceedings, a person returned to Malta shall only be dealt with insofar as the offence, under its new description, is shown by its constituent elements to be an extraditable offence and is based on the same facts contained in the extradition request and is punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which extradition was granted. (
  2. b)A person returned to Malta may not be extradited to a third State or to an international tribunal for any offence committed prior to extradition to Malta unless the requested State consents. (
  3. c)The foregoing provisions of this subarticle shall not prevent the further extradition of a person to a third State if: (
  4. i)that person leaves the territory of Malta after extradition and voluntarily returns to it; or (
  5. ii)that person does not leave the territory of Malta within thirty days of the day on which that person is in a position to leave."; (
  6. d)in subarticle
(3)thereof, for the words "forty-five" there shall be substituted the word "thirty". Undertaking by the Minister.
  1. Where the minister has given an undertaking in connection to the temporary surrender of a person to Malta, and the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in Malta for an offence, a court may grant bail to the person in the proceedings only if it considers that there are exceptional circumstances which justify it. Commissioner of Police may authorize transit. Amended by: L.N. 48 of
  2. 15.
(1)The Commissioner of Police may authorize transit through Malta of a person who is being surrendered to the United States of America by a third State or by the United States of America to a third State provided that the following information is furnished: (a) a description of the person being surrendered; EXTRADITION (UNITED STATES OF AMERICA) [ S.L.276.07 (b) a brief statement of the facts of the case.
(2)When the transport of the surrendered person is to take place by air, it will only be necessary to provide the Commissioner of Police with the information required in subarticle
(1)in the event that an unscheduled landing occurs.
(3)A person being conveyed through Malta in the course of his extradition or removal as a convicted prisoner from one country to another shall be kept in custody during the period of transit. 16. When extradition is ordered for an extraditable offence, it shall also be ordered for any other offence specified in the request if such other offence does not meet the conditions relative to the sentence’s duration laid down in article 8
(1)(a) of the relevant Act, provided that all other requirements for extradition are met. Extradition for lesser offences. Amended by: L.N. 48 of 2010. 5

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