S.L. 276.6 ст. 7Amends article 10 of the relevant Act.

For purposes of this Order, article 10 of the relevant Act shall be amended as follows:

(a) subarticle (1) of article 10 shall be substituted by the following: "(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 an act related to such an offence; 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, religion 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, religion or creed; or

(d) when there are serious reasons to believe that if returned, he might not enjoy the guarantees inherent in a fair trial; or

(e) that the offence of which that person is accused or was convicted was committed on Maltese territory";

(b) immediately after sub-article (3) 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 to be an extraditable offence and is based on the same facts contained in the extradition request.".