Cap. 276 Art. 10General restrictions on return.

(1) A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, if it appears to the Minister or to the court of committal -

(a) that the offence of which that person is accused or was convicted is an offence of a political character; or

(b) that the request for his return (though purporting to be made on account of an extraditable offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, place of origin, nationality, political opinions, colour or creed; or

(c) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, place of origin, nationality, political opinions, colour or creed.

(2) A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for the

*For the applicability of this article to the Republic of Tunisia and the United States of America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively. †For the applicability of this article to the Republic of Tunisia and the United States of America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively. purpose of such return, if it appears as aforesaid that if charged with that offence in Malta he would be entitled to be acquitted under any rule of law relating to previous acquittal or conviction.

(3) A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that country, or by an arrangement made with that country, for securing that he will not, unless he has first been restored or had an opportunity of returning to Malta, be dealt with in that country for or in respect of any offence committed before his return under this Act other than -

(a) the offence in respect of which his return under this Act is requested;

(b) any lesser offence proved by the facts proved before the court of committal; or

(c) any other offence being an extraditable offence in respect of which the Minister may consent to his being so dealt with.

(4) Any such arrangement as is mentioned in sub-article (3) may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purpose of that sub-article a certificate issued by or under the authority of the Minister confirming the existence of an arrangement with any country and stating its terms shall be conclusive evidence of the matters contained in that certificate.

(5) For the purposes of this article, an offence against the life or person of a head of state, or any related offence described in article 5(3), shall not necessarily be deemed to be an offence of a political character.

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