Cap. 276 чл. 24Discharge in case of delay in returning.

(1) If any person committed to await his return is in custody in Malta under this Act after the expiration of the following period, that is to say -

(a) in any case, the period of two months beginning with the first day on which, having regard to article 21(2), he could have been returned;

(b) where a warrant for his return has been issued under article 21, the period of one month beginning with the day on which that warrant was issued, he may apply to the Court of Criminal Appeal, sitting as a Court of Appeal from judgments of the Court of Magistrates for his discharge.

(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given to the Minister, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody, and, if a warrant for his return has been issued under the said article 21, quash that warrant.