S.L. 9.17 Art. 17Speciality.

(1) A person transferred to Malta under the Arrangement shall not, subject to sub-regulation (2), be prosecuted, sentenced or otherwise deprived of his liberty for an offence committed before his transfer other than that for which he was transferred.

(2) Sub-regulation (1) shall not apply in the following cases:

(a) when the person having had an opportunity to leave Malta has not done so within forty-five days of his final discharge, or has returned to Malta after leaving it;

(b) when the offence is not punishable by a custodial sentence or detention order;

(c) when the criminal proceedings do not give rise to the application of a measure restricting personal liberty;

(d) when the sentenced person could be liable to a penalty or a measure not involving deprivation of liberty, in particular a financial penalty or a measure in lieu thereof, even if the penalty or measure in lieu may give rise to a restriction of his personal liberty;

(e) when the sentenced person consented to the transfer;

(f) when the sentenced person, after his transfer, has expressly renounced entitlement to the speciality rule with regard to specific offences preceding his transfer: Provided that in such case renunciation shall be given before the Court in the presence of legal counsel and a record be made of the said renunciation. The renunciation shall be drawn up in such a way as to make clear that the person has given it voluntarily and in full awareness of the consequences;

(g) for cases other than those mentioned under paragraphs

(a) to (f) where the issuing State gives its consent in accordance to Article 18(3) of the Arrangement.