{
  "url": "https://openlegislation.uk/european-convention-on-extradition-order-2001/schedule-4/part-25/crossheading-reservations",
  "json_url": "https://openlegislation.uk/european-convention-on-extradition-order-2001/schedule-4/part-25/crossheading-reservations.json",
  "legislation": "uksi/2001/962",
  "legislation_title": "The European Convention on Extradition Order 2001",
  "legislation_url": "https://openlegislation.uk/european-convention-on-extradition-order-2001",
  "path": "schedule/4/part/25/crossheading/reservations",
  "kind": "crossheading",
  "number": null,
  "heading": "Reservations",
  "text": "Malta reserves the right to grant a request for the extradition of a person accused of an offence only where the court of committal is satisfied, after hearing any evidence tendered in support of the request for the return of that person or on behalf of that person, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the Courts of Criminal Justice of Malta. A person convicted of an offence in his absence shall be treated as a person accused of that offence.\nMalta reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused.\nMalta reserves the right to apply the Convention in accordance with Section 20 Chapter 276 of the Laws of Malta (The Extradition Act, 1978) which section reads as follows:\n“On an appeal made to the Court of Criminal Appeal or an application for redress to the Constitutional Court under Section 46 of the Constitution of Malta, either of the said Courts may, without prejudice to any other jurisdiction, order the person committed to be discharged from custody if it appears to such Court that:\n(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or\n(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or\n(c) because the accusation against him is not made in good faith in the interests of justice,\nit would, having regard to all circumstances, be unjust or oppressive to return him.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "added",
      "affecting": "uksi/2003/1873",
      "affecting_title": "The European Convention on Extradition (Amendment No. 2) Order 2003"
    },
    {
      "type": "added",
      "affecting": "uksi/2003/408",
      "affecting_title": "The European Convention on Extradition (Amendment) Order 2003"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2003/408",
      "affecting_title": "The European Convention on Extradition (Amendment) Order 2003"
    },
    {
      "type": "added",
      "affecting": "uksi/2003/408",
      "affecting_title": "The European Convention on Extradition (Amendment) Order 2003"
    },
    {
      "type": "added",
      "affecting": "uksi/2002/1829",
      "affecting_title": "The European Convention on Extradition (Armenia and Georgia) (Amendment) Order 2002"
    },
    {
      "type": "added",
      "affecting": "uksi/2002/1829",
      "affecting_title": "The European Convention on Extradition (Armenia and Georgia) (Amendment) Order 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/962/schedule/4/part/25/crossheading/reservations",
    "retrieved_at": "2026-10-29T07:54:53.536266+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}