S.L. 276.7 Art. 13Amends article 25 of the relevant Act.

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";

(b) immediately after paragraph (c) of subarticle (2) thereof, there shall be added the following new paragraph: "(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.";

(c) immediately after sub-article (3) thereof, there shall be added the following: "(3A) (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.

(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.

(c) The foregoing provisions of this sub-article shall not prevent the further extradition of a person to a third State if:

(i) that person leaves the territory of Malta after extradition and voluntarily returns to it; or

(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.";

(d) in subarticle (3) thereof, for the words "forty-five" there shall be substituted the word "thirty".