                          EXTRADITION _g CAP. 276.        1
CHAPTER 276
 EXTRADITION ACT
To make provision for and with respect to the extradition, to and from other countries, of
persons accused or convicted of offences, and for any matter connected therewith or
incidental thereto.
1st February, 1982
ACT XVIII of 1978, as amended by Acts XLIX of 1981 and VIII of 1990; Legal Notice 40 of
1993; and Acts XVII of 1996, III of 2001, and III and XXIV of 2002.
ARRANGEMENT OF ACT  
  Articles
Part I  Preliminary  1-2 
Part II  Return of offenders to Commonwealth countries  3-5 
Part III  Return of offenders to other foreign countries  6-9 
Part IV  Provisions applicable to return of offenders to all 
countries  10-24 
Part V  Treatment of persons returned to Malta  25-26 
Part VI  Surrender of Offenders to the International Criminal Court 26A-26U
Part VII  Miscellaneous  27-31 
SCHEDULE
  2      CAP. 276. _h                EXTRADITION
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Extradition Act.
Interpretation.
Amended by:
XXIV. 2002.14.
2. (1) In this Act, other than in Part VI thereof and unless the
context otherwise requires -
"arrangement", in relation to the return of fugitive criminals to or
from any country, other than Malta, means any treaty, convention,
agreement or understanding for that purpose between Malta and
such other country or which applies to both such countries or of
which both such countries are a party;
"country" includes any territory;
"designated Commonwealth country" has the meaning assigned
to it by article 4;
"designated foreign country" has the meaning assigned to it by
article 6;
"extraditable offence" has the meaning assigned to it by either
article 5 or article 8, as the case may require; 
"fugitive criminal" means a person accused or convicted of an
extraditable offence committed within the jurisdiction of any
country other than Malta who is or is suspected of being in Malta;
and whenever that term occurs in relation to any such country,
means a fugitive criminal accused or convicted of an extraditable
offence committed within the jurisdiction of that country;
"Minister" means the Minister responsible for justice;
Cap. 260. "prison" has the meaning assigned to it by the Prisons Act; 
"requesting country" means a country requesting the return under
this Act of a fugitive criminal. 
(2) For the purposes of this Act - 
( a ) a person convicted of an offence in his absence shall
be treated as a person accused of that offence;
( b ) an act or omission which constitutes an offence only
against military law but not against the ordinary law of
the land shall not be treated as an offence;
( c ) every colony, dependency and constituent part of a
country, and every vessel and every aircraft of or
registered in that country, shall (except where
expressly mentioned as distinct in this Act or
otherwise expressly provided) be deemed to be within
the jurisdiction of and to be part of such country.
                          EXTRADITION _g CAP. 276.        3
PART II
RETURN OF OFFENDERS TO COMMONWEALTH COUNTRIES
Persons liable to be 
returned.
3. Subject to the provisions of this Act, a person found in
Malta who is accused of an extraditable offence in any designated
Commonwealth country or who is alleged to be unlawfully at large
after conviction of such an offence in any such country, may be
arrested and returned to that country as provided by this Act.
Designated 
Commonwealth 
country.
4. (1) The Minister may by order designate for the purposes
of article 3 any country for the time being mentioned in article
28(3) of the Constitution of Malta, or any other country within the
Commonwealth; and any country for the time being so designated
is in this Act referred to as a designated Commonwealth country.
(2) The Minister may by the same or any subsequent order
direct that this Act shall have effect in relation to the return of
persons to, or in relation to persons returned from, any designated
Commonwealth country subject to such conditions, exceptions,
adaptations or modifications as may be specified in the order.
(3) For the purposes of any order made under the foregoing
provisions of this section, any territory for the external relations of
which a Commonwealth country is responsible may be treated as
part of that country or, if the Government of that country so
requests, as a separate country.
Extraditable 
offences in respect 
of designated 
Commonwealth 
countries.
5. (1) For the purposes of this Act an offence of which a
person is accused or has been convicted in a designated
Commonwealth country is an extraditable offence in respect of that
country if -
( a ) it is an offence which, however described in the law of
that country, falls within any of the descriptions set
out in the Schedule to this Act, and is punishable under
that law with imprisonment for a term of twelve
months or any greater punishment; and
( b ) the act or omission constituting the offence, or the
equivalent act or omission, would constitute an
offence against the law of Malta if it took place within
Malta or, in the case of an extra-territorial offence, in
corresponding circumstances outside Malta.
(2) In determining for the purposes of this section whether an
offence against the law of a designated Commonwealth country
falls within a description set out in the said Schedule any special
intent or state of mind or special circumstances of aggravation
which may be necessary to constitute that offence under the law
shall be disregarded.
Cap. 9.
(3) The descriptions set out in the said Schedule include the
offences therein described whether or not they are accompanied by
any aggravating or mitigating circumstance, and include also in
each case offences of complicity in any such offence or of
attempting to commit any such offence within the meaning
respectively of article 41 or 42 of the Criminal Code.
  4      CAP. 276. _h                EXTRADITION
(4) References in this section to the law of any country include
references to the law of any part of that country.
PART III
RETURN OF OFFENDERS TO OTHER FOREIGN COUNTRIES
Persons liable to be 
returned.
6. Subject to the provisions of this Act, a person found in
Malta who is accused of an extraditable offence in any designated
foreign country or who is alleged to be unlawfully at large after
conviction of such offence in any such country, may be arrested
and returned to that country as provided by this Act.
Designated foreign 
country.
Amended by:
XLIX.1981.6;
L.N. 40 of 1993.
7. (1) The Minister may by order designate for the purposes
of article 6 any country with which an arrangement exists or has
been made, whether before or after the commencement of this
section, for the return to such country of any fugitive criminal; and
any country for the time being so designated is in this Act referred
to as a designated foreign country:
   Provided that, until an order is made under this section
containing a provision to the contrary, the Republic of Italy and any
other country with which there is an arrangement as is referred to in
article 30 shall be treated as if an order designating it as a foreign
country had been made under this section.
(2) The Minister may by the same or any subsequent order
direct that this Act shall have effect in relation to the return of
persons to, or in relation to persons returned from, any designated
foreign country, subject to such conditions, exceptions, adaptations
or modifications as may be specified in the order.
(3) Subject to the provisions of this Act, every such order shall
either recite or embody the terms of the arrangement to which it
refers or shall contain a reference to the publication thereof in the
Gazette or to its presentation to the House of Representatives, and
shall not remain in force for any longer period than the
arrangement.
(4) Subarticle (3) shall not apply to any arrangement which is
in force immediately before the commencement of this section.
Extraditable 
offences in respect 
of designated 
foreign countries.
8. (1) For the purposes of this Act, an offence of which a
person is accused or has been convicted in a designated foreign
country is an extraditable offence in respect of that country if -
( a ) it is an offence in respect of which a fugitive criminal
may be returned to that country in accordance with the
arrangement and is punishable under that law with
imprisonment for a term of twelve months or a greater
punishment; and
( b ) the act or omission constituting the offence or the
equivalent act or omission, would constitute an
offence against the law of Malta if it took place within
Malta or, in the case of an extra-territorial offence, in
                          EXTRADITION _g CAP. 276.        5
corresponding circumstances outside Malta.
(2) In determining for the purposes of this section whether an
offence falls within the requirements of subarticle (1)( a ) and ( b ),
the description of the offence shall not be regarded as material if
the offences under the law of Malta and that of the requesting
country are substantially of the same nature.
Provisions of 
arrangements, etc., 
for return.
9. An order under article 7 of this Act shall not be made
unless the arrangement to which the order is intended to refer - 
( a ) provides for the determination of it by either party to it
after the expiration of a notice not exceeding one year;
and
( b ) is in conformity with the provisions of this Act, and in
particular with the restrictions on the surrender of
fugitive criminals contained in this Act.
PART IV
PROVISIONS APPLICABLE TO RETURN OF OFFENDERS TO ALL 
COUNTRIES
General 
restrictions on 
return.
10. (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
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
  6      CAP. 276. _h                EXTRADITION
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 subarticle (3) may
be an arrangement made for the particular case or an arrangement
of a more general nature; and for the purpose of that subsection 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 section, 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.
Powers of the 
Minister with 
respect to return of 
offenders.
11. (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 the Minister, in the exercise of any power conferred
on or reserved by the Government in or in respect of any
arrangement, has so directed.
(2) Without prejudice to the generality of the provision of
subsection (1) of this section, the Minister may refuse to make an
order under article 13 or article 21 in any of the following cases:
( a ) where the request is for a person unlawfully at large
after conviction and the punishment awarded is less
than four months imprisonment;
( b ) where according to the law of the requesting country
the offence in respect of which the return is requested
is subject to the death penalty and the requesting
country has not given an assurance accepted as
sufficient by the Minister that the death penalty will
not be awarded or will, if awarded, not be carried out;
( c ) where the request is for the return of a person
convicted of an offence in his absence and the
requesting country has not given an assurance
accepted as sufficient by the Minister that such person
will be granted a new trial if he so requests;
( d ) if prosecution for the offence in respect of which
extradition is requested is barred by prescription either
according to the law of Malta or according to the law
of the requesting country;
( e ) where the request is for a person who is in Malta
having been returned thereto as mentioned in article
25(1) and the Government is under an obligation not to
return such a person to another country;
( f ) if any amnesty has been granted in respect of the
                          EXTRADITION _g CAP. 276.        7
offence for which the return is requested and the courts
of Malta had jurisdiction to try that offence;
( g ) if the person whose extradition is requested is a citizen
of Malta.
Delay of return.
Amended by:
III. 2002.163.
12. A person who has been accused of some offence within
Maltese jurisdiction, not being the offence for which his return is
asked, or is undergoing sentence under any conviction in Malta,
shall not be returned under this Act to any country, until after he
has been discharged whether by acquittal or on the expiration of his
sentence or otherwise.
Authority to 
proceed.
13. (1) Subject to the provisions of this Act relating to
provisional warrants, a person shall not be dealt with under this Act
except in pursuance of an order of the Minister (in this Act referred
to as an authority to proceed) issued in pursuance of a request made
in writing to a Minister by or on behalf of the Government of the
designated Commonwealth country or of the designated foreign
country in which the person to be returned is accused or was
convicted.
(2) There shall be furnished with any request made for the
purposes of this section on behalf of any country - 
( a ) in the case of a person accused of an offence, a warrant
for his arrest issued in that country;
( b ) in the case of a person unlawfully at large after
conviction of an offence, a certificate of the conviction
and sentence in that country, and a statement of the
amount if any of that sentence which has been served, 
together, in each case, with - 
(i) particulars of the person whose return is
requested, including information sufficient to
establish his identity and nationality;
(ii) particulars of the facts upon which and the law
under which such person is accused or was
convicted, the legal description of the offence
and a copy of the relative enactments or (if this
is not practicable) a statement of the relevant
law; and
(iii) evidence sufficient to justify the issue of a
warrant for his arrest under article 14.
(3) On receipt of such a request, the Minister may issue an
order to proceed unless it appears to him that an order for the return
of the person concerned could not lawfully be made, or would not
in fact be made, in accordance with the provisions of this Act.
Arrest for purposes 
of committal.
14. (1) A warrant for the arrest of a person accused of an
extraditable offence, or alleged to be unlawfully at large after
conviction of such an offence, may be issued by a magistrate - 
( a ) on the receipt of an authority to proceed; or
( b ) without such authority, upon information that the said
  8      CAP. 276. _h                EXTRADITION
person is, or is believed to be, in or on his way to
Malta,
and any warrant issued by virtue of paragraph ( b ) is in this Act
referred to as a provisional warrant.
(2) A warrant of arrest under this section may be issued upon
such evidence as would, in the opinion of the magistrate, authorise
the issue of a warrant for the arrest of a person accused of
committing a corresponding offence or, as the case may be, of a
person alleged to be unlawfully at large after conviction of an
offence within the jurisdiction of the Courts of Criminal Justice of
Malta.
(3) Where a provisional warrant is issued under this section,
the magistrate by whom it is issued shall forthwith give notice to
the Minister, and transmit to him the information and evidence, or
certified copies of the information and evidence, upon which it was
issued; and the Minister may in any case, and shall if he decides not
to issue an authority to proceed in respect of the person to whom
the warrant relates, by order cancel the warrant and, if that person
has been arrested thereunder, discharge him from custody.
(4) A warrant issued under this section shall be forthwith
executed by a Police officer.
Cap. 9.
(5) The provisions of articles 350, 351, 352, 354, 355 and 357
of the Criminal Code shall apply  mutatis mutandis  to a warrant of
arrest and to a warrant of search issued for the purposes of this Act.
Proceedings for 
committal. 
Amended by: 
VIII. 1990.3;
III. 2002.163.
15. (1) A person arrested in pursuance of a warrant under
article 14 shall (unless previously discharged under subarticle (3)
of that article) be brought as soon as practicable and in any case not
later than forty-eight hours from his arrest before the Court of
Magistrates (Malta) as a court of criminal inquiry (in this Act
referred to as the court of committal) which shall have for the
purposes of proceedings under this section the same powers, as
nearly as may be, including power to remand in custody or on bail,
as the said court has when sitting as aforesaid.
(2) Where the person arrested is in custody by virtue of a
provisional warrant and no authority to proceed has been received
in respect of him, the court of committal may fix a reasonable
period (of which the court shall give notice to the Minister) after
which he will be discharged from custody unless such an authority
has been received.
(3) Where an authority to proceed has been issued in respect of
the person arrested and 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 offence to
which the authority relates is an extraditable offence and it is
further satisfied -
( a ) where the person is accused of the offence, 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;
                          EXTRADITION _g CAP. 276.        9
( b ) where the person is alleged to be unlawfully at large
after conviction of the offence, that he has been so
convicted and appears to be so at large,
the court shall, unless his committal is prohibited by any other
provision of this Act, commit him to custody to await his return
thereunder; but if the court is not so satisfied or if the committal of
that person is so prohibited, the court shall discharge him from
custody:
    Provided that notwithstanding any order discharging him
from custody such person shall remain in custody until the
expiration of three working days from any such order and, where an
appeal has been entered by the Attorney General, until the appeal is
disposed of or abandoned, or the Attorney General consents to the
release of such person.
Cap. 9.
(4) Where a person has been brought before a court of
committal as provided in subarticle (1), the provisions of article
401(1) of the Criminal Code shall apply as if the words "one
month" wherever they occur therein were substituted with the
words "two months" and as if the words "three months" in the
proviso thereto were substituted with the words "six months".
(5) Where the person arrested declares before the court of
committal that he is willing to be extradited, the said court upon
being satisfied of the voluntariness of such declaration shall
commit him to custody to await his return and all the provisions of
this Act for his extradition shall be deemed to be satisfied and the
Minister shall thereupon, notwithstanding any other provision of
this Act but saving the provisions of article 21(2) and (4) thereof,
by warrant order him to be returned to the requesting country. No
appeal shall lie from the decision of the court committing the
person to custody under the provisions of this subarticle.
Duty of court of 
committal to 
inform person 
committed of his 
rights.
Amended by:
III. 2002.163.
Cap. 319.
16. Where a person is committed to custody under article 15,
the court shall, besides informing him that he will not be returned
until after the expiration of fifteen days from the date of its order of
committal and that, except in the case of a committal to custody to
await return under the provisions of article 15(5), he may appeal to
the Court of Criminal Appeal, also inform him that, if he thinks that
any of the provisions of article 10(1) and (2) has been contravened
or that any provision of the Constitution of Malta or of the
European Convention Act is, has been or is likely to be contravened
in relation to his person as to justify a reversal, annulment or
modification of the court’s order of committal, he has the right to
apply for redress in accordance with the provisions of article 46 of
the said Constitution or of the European Convention Act, as the
case may be.
Custody.
article 15 shall be committed to prison and shall be treated as a
person awaiting trial.
(2) Such person shall be deemed to be in legal custody from the
moment that he is so remanded or committed until he is beyond the
jurisdiction of the Courts of Criminal Justice of Malta.
  10      CAP. 276. _h                EXTRADITION
Appeal by person 
committed to 
custody. 
Amended by:
VIII. 1990.3.
18. (1) An appeal from an order committing a person to
custody under article 15 shall be made by an application to the
Court of Criminal Appeal, containing a demand for the reversal of
the court’s order, and shall be filed in the registry of the court of
committal not later than four working days from the date of the said
order.
(2) The Registrar of the court of committal shall, not later than
the first next working day, transmit the application, together with
the records of the case, to the Registrar of the Court of Criminal
Appeal, who shall, without delay, forward a copy of the application
to the Attorney General.
(3) Notice of the day fixed for the hearing of the appeal shall
be given by the Registrar of the Court of Criminal Appeal to the
appellant and to the Attorney General:
    Provided that, except with the consent of both the appellant
and the Attorney General, such hearing shall not take place before
the lapse of two working days after the said notice has been given.
(4) If the Court of Criminal Appeal reverses the decision of the
Court of Magistrates, the court shall order that the appellant be
discharged.
Appeal by 
Attorney General. 
Amended by: 
VIII. 1990.3.
19. (1) Where the decision of the Court of Magistrates is such
that the return of the person requested cannot take place, the court
shall, within twenty-four hours, transmit to the Attorney General
the records of the case together with a copy of its decision, and the
Attorney General may, within three working days from the date of
the receipt of such record, appeal to the Court of Criminal Appeal
by an application, to be accompanied by the said record and by a
copy of the decision of the court of committal, filed in the Registry
of the Court of Criminal Appeal. A copy of the application shall be
served on the person whose return is requested.
(2) On any appeal under this section the provisions of article
18(3) shall  mutatis mutandis  apply and if the Court of Criminal
Appeal orders the committal to custody of the person whose return
is requested such order shall be treated, for all purposes other than
an appeal therefrom, as an order committing such person to
custody.
Powers of Court of 
Criminal Appeal 
and of 
Constitutional 
Court.
20. On an appeal made to the Court of Criminal Appeal or on
an application for redress to the Constitutional Court under article
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 - 
( a ) by reason of the trivial nature of the offence of which
he is accused or was convicted; or
( 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
( c ) because the accusation against him is not made in good
faith in the interest of justice,
                          EXTRADITION _g CAP. 276.        11
it would, having regard to all the circumstances, be unjust or
oppressive to return him.
Order for return to 
requesting country.
Amended by:
III. 2002.163.
21. (1) Where a person is committed to await his return and is
not discharged by order of the Court of Criminal Appeal or of any
other competent court, the Minister may by warrant order him to be
returned to the requesting country unless the return of that person is
prohibited, or prohibited for the time being, by article 10 or by
article 12, or the Minister decides under this article or under article
11 to make no such order in his case.
(2) A person shall not be returned to any country under this
Act- 
( a ) in any case, until the expiration of the period of fifteen
days beginning with the day on which the order for his
committal is made;
( b ) if the person committed to custody is entitled to
institute any proceedings, whether of appeal or
otherwise, which may lead to the reversal, annulment
or modification of the court’s order of committal, and
the person committed has instituted such proceedings
or, if there is established by law or there has been
fixed by a court’s order or judgment a time-limit
within which such proceedings are to be instituted,
until the expiration of such time-limit;
( c ) if any proceedings referred to in the last preceding
paragraph have been instituted, until the conclusion of
such proceedings:
   Provided that the proceedings shall be deemed to
have been concluded also if they have been withdrawn
or abandoned;
( d ) if a the person committed to custody is accused or
undergoing sentence as provided in article 12, until he
has been discharged whether by acquittal or on the
expiration of his sentence or otherwise.
(3) The Minister shall not make an order under this section in
the case of any person, if it appears to the Minister, on the grounds
mentioned in article 20, that it would be unjust or oppressive to
return that person or if he considers, on any such grounds as are
mentioned in article 10(1), that the order ought not be made.
(4) The Minister may decide to make no order for the time
being under this section for the return of a person committed by the
court in consequence of a request made by any country if another
request for his return under this Act has been made by another
country and it appears to the Minister, having regard to all the
circumstances of the case and in particular -
( a ) the relative seriousness of the offence in question;
( b ) the date on which each such request was made; and
( c ) the nationality or citizenship of the person concerned
and his ordinary residence,
  12      CAP. 276. _h                EXTRADITION
that preference should be given to the other request.
(5) Notice of the issue of a warrant under this section shall
forthwith be given to the person to be returned thereunder.
Evidence. 22. (1) In any proceedings under or for the purposes of this
Act in respect of a person in custody thereunder -
( a ) a document, duly authenticated, which purports to set
out evidence given on oath in the requesting country
shall be admissible as evidence of the matters stated
therein;
( b ) a document, duly authenticated, which purports to
have been received in evidence, or to be a copy of a
document so received, in any proceeding in any such
country shall be admissible as evidence;
( c ) a document, duly authenticated, which certifies that a
person was convicted on a date specified in the
document of an offence against the law of, or of part
of, any such country shall be admissible as evidence of
the fact and date of the conviction.
(2) A document shall be deemed to be duly authenticated for
the purpose of this section - 
( a ) in the case of a document purporting to set out
evidence given as aforesaid, if the document purports
to be certified by a judge or magistrate or officer in or
of that country to be the original document containing
or recording that testimony or a true copy of that
original document;
( b ) in the case of a document that purports to have been
received in evidence as aforesaid or to be a copy of a
document so received, if the document purports to be
certified as aforesaid to have been, or to be a true copy
of a document which has been, so received;
( c ) in the case of a document which certifies that a person
was convicted as aforesaid, if the document purports to
be certified as aforesaid,
and in any such case the document is authenticated either by the
oath of a witness or by the official seal of a Minister in or of the
requesting country.
(3) It shall be lawful for the Commissioner of Police or for the
Attorney General as the case may be, as well as for the person the
return of whom is requested, to produce evidence before the Court
of Criminal Appeal even though such evidence shall not have been
produced before the court of committal.
(4) In this article, "oath" includes affirmation or declaration;
and nothing in this section shall be construed as prejudicing the
admission in evidence of any document which is admissible in
evidence apart from this article.
Handing over of 
property.
23. (1) The Minister may, through the Commissioner of
                          EXTRADITION _g CAP. 276.        13
Police, seize and hand over to the requesting country any property -
( a ) which may be required as evidence in that country; or
( b ) which has been acquired as a result of the offence and
which, at the time of the arrest of the person whose
return is requested, is found in the possession of such
person or is discovered subsequently.
(2) The property referred to in subarticle (1) may be handed
over to the requesting country even if extradition, having been
agreed to, cannot be carried out owing to the death or escape of the
person whose return is requested.
(3) When the said property is liable to seizure or confiscation
in Malta, the Minister may, in connection with proceedings that are
pending or with proceedings about to be taken, temporarily retain
such property or hand it over to the requesting country on condition
that it be returned.
Discharge in case 
of delay in 
returning. 
Amended by: 
VIII. 1990.3.
24. (1) If any person committed to await his return is in
custody in Malta under this Act after the expiration of the
following period, that is to say - 
( a ) in any case, the period of two months beginning with
the first day on which, having regard to article 21(2),
he could have been returned;
( b ) where a warrant for his return has been issued under
article 21, the period of one month beginning with the
day on which that warrant was issued,
he may apply to the Court of Criminal Appeal, sitting as a Court of
Appeal from judgments of the Court of Magistrates for his
discharge.
(2) If upon any such application the court is satisfied that
reasonable notice of the proposed application has been given to the
Minister, the court may, unless sufficient cause is shown to the
contrary, by order direct the applicant to be discharged from
custody, and, if a warrant for his return has been issued under the
said article 21, quash that warrant.
PART V
TREATMENT OF PERSONS RETURNED TO MALTA
Restrictions upon 
proceedings in 
Malta for other 
offences.
25. (1) This section applies to any person accused or
convicted of an offence under the law of Malta who is returned to
Malta from any designated Commonwealth country or designated
foreign country under any law of that country corresponding with
this Act.
(2) A person to whom this section applies shall not, during the
period described in subarticle (3), be dealt with in Malta for or in
respect of any offence committed before he was returned to Malta
other than -
  14      CAP. 276. _h                EXTRADITION
( a ) the offence in respect of which he was returned;
( b ) any lesser offence proved by the facts proved for the
purposes of securing his return; or
( c ) any other offence in respect of which the country from
which he is returned may consent to his being dealt
with.
(3) The period referred to in subarticle (2) in relation to a
person to whom this section applies is the period beginning with
the date of his arrival in Malta on his return as mentioned in
subarticle (1) and ending forty-five days after the first subsequent
day on which he had the opportunity to leave Malta.
Cap. 9. (4) The provisions of article 541 of the Criminal Code shall not
apply in relation to a person to whom this section applies if the
institution or continuation of criminal proceedings against him is
precluded by the operation of the foregoing provisions of this
section.
Restoration of 
persons not tried or 
acquitted.
26. (1) This article applies to any person accused of an
offence under the law of Malta who is returned to Malta as
mentioned in article 25(1).
(2) If, in the case of a person to whom this section applies,
either - 
( a ) proceedings against him for the offence for which he
was returned or for an offence for which he may be
dealt with in accordance with article 25(2)( b ) or ( c ) are
not begun within the period of three months beginning
with the day of his arrival in Malta on being returned;
or
Cap. 446.
( b ) on his trial for that offence, he is acquitted, or he is
discharged absolutely or conditionally under the
provisions of the Probation Act,
the Minister may, if he thinks fit, on the request of that person,
arrange for him to be sent back free of charge and with as little
delay as possible to the country from which he was returned.
PART VI
SURRENDER OF OFFENDERS
 TO THE INTERNATIONAL CRIMINAL COURT
Applicability of 
Part VI.
Added by:
XXIV. 2002.14.
26A. Only the provisions of this Part, save where otherwise
expressly indicated, shall apply to requests from the ICC for the
arrest and surrender of a person alleged to have committed an ICC
crime, or to have been convicted by the ICC.
Interpretation.
Added by:
XXIV. 2002.14.
26B. (1) In this Part, unless the context otherwise requires -
''delivery order'' has the same meaning assigned to it by sub-
article 26E;
                          EXTRADITION _g CAP. 276.        15
Cap. 452.
''ICC crime'' means a crime (other than the crime of aggression)
over which the ICC has jurisdiction in accordance with the ICC
Treaty the relevant articles of which are reproduced in the First
Schedule to the International Criminal Court Act;
''the ICC'' means the International Criminal Court established by
the ICC Treaty;
''the ICC Treaty'' means the Statute of the International Criminal
Court, done at Rome on the 17th July, 1998;
''the Minister'' means the Minister responsible for Justice.
(2) Words and phrases used in this part and used also in the
ICC Treaty shall have the same meaning assigned to them in the
said ICC Treaty.
Request for arrest 
and surrender.
Added by:
XXIV. 2002.14.
26C. (1) Where the Minister receives a request from the ICC
for the arrest and surrender of a person alleged to have committed
an ICC crime, or to have been convicted by the ICC, he shall
transmit the request and the documents accompanying it to the
Attorney General.
(2) If the request is accompanied by a warrant of arrest and the
Attorney General is satisfied that the warrant appears to have been
issued by the ICC, he shall apply to a Magistrate to authorise the
execution of the warrant. The Magistrate shall authorise such
execution where he is satisfied that the warrant purports to have
been issued by the ICC.
(3) If in the case of a person convicted by the ICC the request
is not accompanied by a warrant of arrest, but is accompanied by -
( a ) a copy of the judgment of conviction,
( b ) information to demonstrate that the person sought is
the one referred to in the judgment of conviction, and
( c ) where the person sought has been sentenced, a copy of
the sentence imposed and a statement of any time
already served and the time remaining to be served,
the Attorney General shall apply to a Magistrate for the issue of a
warrant for the arrest of the person to whom the request relates and
shall attach the documentation and information referred to in this
subarticle.
(4) The Magistrate shall issue the warrant where he is satisfied
that it appears that the person sought has been convicted by the ICC
and that the documentation and information referred to in this
article has been produced.
(5) The provisions of subarticle (4) and of the articles referred
to in article 14(5) shall apply to a warrant issued under this Part.
Request for 
provisional arrest.
Added by:
XXIV. 2002.14.
26D. (1) Where the Minister receives from the ICC a request
for the provisional arrest of a person alleged to have committed an
ICC crime or to have been convicted by the ICC he shall transmit
the request and the documents accompanying it to the Attorney
General.
  16      CAP. 276. _h                EXTRADITION
(2) Upon an application by the Attorney General stating that he
has reason to believe -
( a ) that a request has been made by the ICC for the arrest
of a person, and
( b ) that the person is in, or on his way to, Malta,
a Magistrate shall issue a warrant for the arrest of that person and
shall notify the Minister of the issue of the warrant.
Dealing with 
person arrested 
under provisional 
warrant.
Added by:
XXIV. 2002.14.
26E. (1) The provisions of article 15(1), other than the
reference therein to article 14(3), shall  mutatis mutandis  apply to a
person arrested under a provisional warrant under this Part.
(2) If an arrest warrant issued under article 26C is produced to
the court in respect of the person brought before it, the court shall
proceed as if he had been arrested under that warrant. If no such
warrant is produced the court shall remand him pending the
production of such a warrant.
(3) The Minister may make regulations specifying -
( a ) the period for which a person may be so remanded at
any time, and
( b ) the total period for which a person may be so
remanded,
having regard to the time limits specified in Rules of Evidence and
Procedure for the purposes of Article 92.3 of the ICC Treaty.
(4) If at any time when the person is remanded as aforesaid
there is produced to the court a warrant issued under article 26C in
respect of him -
( a ) the court shall terminate the period of remand, and
( b ) he shall be treated as if arrested under that warrant -
(i) if he was remanded in custody, at the time the
warrant was produced to the court;
(ii) if he was remanded on bail, when he surrenders
to his bail.
(5) If  no such warrant is produced to the court before the end
of the period of remand (including any extension of that period),
the court shall discharge him.
(6) The fact that a person has been discharged under this article
does not prevent his subsequent arrest under a warrant issued under
article 26C.
Dealing with 
person arrested 
under warrant 
issued under article 
26C.
Added by:
XXIV. 2002.14.
26F. (1) The provisions of article 26E(1) shall apply to a
person arrested under a warrant issued under article 26C.
(2) If the court is satisfied -
( a ) that the warrant -
(i) is a warrant of the ICC, or
(ii) has been duly issued under article 26C(3), and
( b ) that the person brought before the court is the person
                          EXTRADITION _g CAP. 276.        17
named or described in the warrant,
it shall make a delivery order.
(3) A ''delivery order'' is an order that the person be delivered
up -
( a ) into the custody of the ICC, or
( b ) if the ICC so directs in the case of a person convicted
by the ICC, into the custody of the state of
enforcement,
in accordance with arrangements made by the  Minister.
(4) In the case of a person alleged to have committed an ICC
crime, the court may adjourn the proceedings pending the outcome
of any challenge before the ICC to the admissibility of the case or
to the jurisdiction of the ICC.
(5) In deciding to make a delivery order the court is not
concerned to enquire -
( a ) whether any warrant issued by the ICC was duly
issued, or
( b ) in the case of a person alleged to have committed an
ICC crime, whether there is evidence to justify his trial
for the offence he is alleged to have committed.
Consent to 
surrender.
Added by:
XXIV. 2002.14.
26G. (1) When a person arrested under this Part is brought
before the court that person may consent to being delivered up into
the custody of the ICC or, in the case of a person convicted by the
ICC, of the state of enforcement. Such consent is referred to in this
Part as ''consent to surrender''.
(2) When the person arrested gives his consent to surrender, the
court, upon being satisfied of the voluntariness of the consent, shall
make a delivery order and all the provisions of this Part for that
person’s surrender shall be deemed to be satisfied.
(3) No appeal shall lie from a delivery order made under this
article.
Proceedings where court refuses delivery order
Where delivery 
order is refused.
Added by:
XXIV. 2002.14.
26H. (1) Where the court refuses to make a delivery order it
shall nevertheless make an order remanding the person arrested
into custody and that person shall remain in custody as provided in
the proviso to article 15(3).
(2) The court shall notify the Minister of its decision not to
make a delivery order and of the grounds for it.
Appeal by the 
Attorney General 
against refusal of 
delivery order.
Added by:
XXIV. 2002.14.
26I. Where the court refuses to make a delivery order the
provisions of article 19 shall  mutatis mutandis  apply and if the
Court of Criminal Appeal allows the appeal it shall make a delivery
order which shall be treated, for all purposes other than an appeal
therefrom, as an order committing to custody the person to be
delivered up.
  18      CAP. 276. _h                EXTRADITION
Proceedings where court makes delivery order
When court makes 
delivery order.
Added by:
XXIV. 2002.14.
26J. (1) Where the court makes a delivery order in respect of a
person, the court shall -
( a ) commit the person to custody to await the Minister’s
directions as to the execution of the order,
( b ) notify the Minister of its decision.
(2) Saving the provisions of article 26K, the provisions of
articles 16 and 17 shall  mutatis mutandis  apply to a person
committed to custody under this article.
Appeal from 
delivery order by 
person to be 
delivered up.
Added by:
XXIV. 2002.14.
26K. Saving the provisions of article 26L, the person to be
delivered up following a delivery order may appeal from the order
to the Court of Criminal Appeal and the provisions of article 18
shall  mutatis mutandis  apply to the appeal.
Waiver of right of 
appeal and of other 
rights.
Added by:
XXIV. 2002.14.
26L. (1) A person in respect of whom a delivery order has
been made may waive his right of appeal and his right to apply for
redress under the Constitution and any other right to apply for
review of the lawfulness of his arrest and detention.
(2) Where a person has waived his rights as provided in
subarticle (1), the court shall satisfy itself of the voluntariness of
the waiver whereupon the delivery order shall be taken for all
purposes of law to be validly made.
Effect of delivery 
order.
Added by:
XXIV. 2002.14.
26M. (1) A delivery order is sufficient authority for any person
acting in accordance with the directions of the Minister to receive
the person to whom the order relates, keep him in custody and
convey him to the place where he is to be delivered up into the
custody of the ICC (or, as the case may be, of the state of
enforcement) in accordance with arrangements made by the
Minister.
(2) If a person in respect of whom a delivery order is in force
escapes or is unlawfully at large, he may be arrested by the Police
without warrant and taken to any place where or to which, by virtue
of this Part, he is required to be or to be taken.
(3) The provisions of article 21(2) shall  mutatis mutandis  apply
to any person in respect of whom a delivery order was made.
Bail, discharge, transit and unscheduled landing
Consultation with 
the ICC concerning 
bail.
Added by:
XXIV. 2002.14.
26N. (1) Where an application for bail is made in proceedings
under this Part -
( a ) the court shall notify the Minister of the application,
( b ) the Minister shall consult with the ICC, and
( c ) bail shall not be granted without full consideration of
any recommendations made by the ICC.
(2) In considering any application for bail under this article the
court shall consider -
( a ) whether, given the gravity of the offence or offences
                          EXTRADITION _g CAP. 276.        19
which the person is alleged to have committed or, as
the case may be, of which he has been convicted by the
ICC, there are urgent and exceptional circumstances
justifying release on bail, and
( b ) whether any necessary measures have been or will be
taken to secure that the person will surrender to
custody in accordance with the terms of his bail.
Discharge of 
person not 
delivered up.
Added by:
XXIV. 2002.14.
26O. (1) If the person in respect of whom a delivery order has
been made is not delivered up under the order within the period of
two months beginning with the first day on which, having regard to
the provisions of article 26M(3) of this Act, he could have been
returned he may apply to the Court of Criminal Appeal, sitting as a
court of appeal from judgments of the Court of Magistrates, for his
discharge.
(2) Upon such application the provisions of article 24(2) shall
mutatis mutandis  apply sohowever that the reference to the warrant
under that subarticle shall be construed as a reference to the
delivery order.
Discharge of 
person no longer 
required to be 
surrendered.
Added by:
XXIV. 2002.14.
26P. Where the ICC informs the Minister that a person arrested
under this Part is no longer required to be surrendered -
( a ) the Minister shall notify the Attorney General of that
fact, and
( b ) the Attorney General shall, on receipt of the
notification, apply to the court for an order discharging
the person arrested.
Request for transit.
Added by:
XXIV. 2002.14.
26Q. (1) This article applies where the Minister receives a
request from the ICC for transit of a person being surrendered by
another state.
(2) If the Minister accedes to the request -
( a ) the request shall be treated for the purposes of this Part
as if it were a request for that person's arrest and
surrender,
( b ) the execution of the warrant accompanying the request
shall be deemed to have been authorised under article
26C(2), and
( c ) the person to whom the request relates shall, subject to
the provisions of this article, be treated on arrival in
Malta as if he had been arrested under that warrant.
(3) In relation to a case where this article applies-
( a ) it shall be incumbent upon the court before whom the
person to whom the request relates is produced in
pursuance of the provisions of article 26F(2)( a )(i) to
ascertain that the Minister has acceded to the request
for transit; and
( b ) article 16 to which reference is made in article 26J(2)
shall have effect as if the reference to fifteen days
were a reference to two working days.
  20      CAP. 276. _h                EXTRADITION
(4) A person in transit under this article shall not be granted
bail.
Unscheduled 
landing.
Added by:
XXIV. 2002.14.
26R. (1) If a person being surrendered by another state makes
an unscheduled landing in Malta, he may be arrested by the Police
without warrant whereupon the provisions of article 15(1), other
than the reference therein to article 14(3) and subject to the
provisions of this article, shall  mutatis mutandis  apply.
(2) The court shall remand him in custody pending -
( a ) receipt by the Minister of a request from the ICC for
his transit, and
( b ) the Minister’s decision whether to accede to the
request.
(3) If no such request is received by the Minister before the end
ninety-six hours beginning with the time of the arrested person’s
unscheduled landing -
( a ) the Minister shall forthwith notify the court of that
fact, and
( b ) the court shall, on receipt of the notification, discharge
the arrested person.
(4) If the Minister receives such a request before the end of that
period, he shall notify the court without delay of his decision
whether to accede to the request.
(5) If the Minister notifies the court that he has decided to
accede to the request -
( a ) the court shall, on receipt of the notification, terminate
the period of remand, and
( b ) the provisions of article 26Q shall apply with the
substitution for the reference to the time of arrival in
Malta in subarticle (2)( c ) thereof of a reference to the
time of notification to the court under this subarticle.
(6) If the Minister notifies the court that he has decided not to
accede to the request, the court shall, on receipt of the notification,
discharge the arrested person.
Supplementary provisions
State or diplomatic 
immunity.
Added by:
XXIV. 2002.14.
26S. (1) Any state or diplomatic immunity attaching to a
person by reason of a connection with a state party to the ICC
Treaty does not prevent proceedings under this Part in relation to
that person.
(2) Where -
( a ) state or diplomatic immunity attaches to a person by
reason of a connection with a state other than a state
party to the ICC Treaty, and
( b ) waiver of that immunity is obtained by the ICC in
relation to a request for that person’s surrender,
the waiver shall be treated as extending to proceedings under this
                          EXTRADITION _g CAP. 276.        21
Part in connection with that request.
(3) A certificate by the Minister -
( a ) that a state is or is not a party to the ICC Treaty, or
( b ) that there has been such a waiver as is mentioned in
subarticle (2),
is conclusive evidence of that fact for the purposes of this Part.
(4) The Minister may in any particular case, after consultation
with the ICC and the state concerned, direct that proceedings (or
further proceedings) under this Part which, but for subarticle (1) or
(2), would be prevented by state or diplomatic immunity attaching
to a person shall not be taken against that person.
Cap. 365.
(5) The power to make regulations conferred by article 3(1) of
the National Interest (Enabling Powers) Act includes the power to
make in relation to any proceedings such provision corresponding
to the provision made by this article in relation to the proceedings,
but with the omission -
( a ) in subarticle (1), of the words ''by reason of a
connection with a state party to the ICC Treaty'', and
( b ) of subarticles (2) and (3),
as it appears to the Prime Minister to be necessary or expedient in
consequence of such a referral as is mentioned in article 13( b )
(referral by the United Nations Security Council).
(6) In this article ''state or diplomatic immunity'' means any
privilege or immunity attaching to a person, by reason of the status
of that person or another as head of state, or as representative,
official or agent of a state, under -
Cap. 191.
Cap. 144.
Cap. 344.
Cap. 235.
( a ) the Diplomatic Immunities and Privileges Act,  the
Consular Conventions Act, the European Communities
(Establishment of Delegation) Act, the Membership of
International Financial Organisations Act,
( b ) any other legislative provision made for the purpose of
implementing an international obligation, or
( c ) any rule of law derived from customary international
law.
Delivery up of 
persons subject to 
certain 
proceedings, etc.
Added by:
XXIV. 2002.14.
26T. The Minister may make regulations for the better carrying
into effect the provisions of this part and without prejudice to the
generality of the aforesaid may by such regulations make provision
in respect of cases where he receives a request for the arrest or
surrender, or provisional arrest, of a person -
( a ) against whom criminal proceedings are pending or in
progress before a court in Malta, or who has been dealt
with in such proceedings, or
( b ) against whom extradition proceedings are pending or
in progress in Malta, or in respect of whom a warrant
or order has been made in such proceedings.
  22      CAP. 276. _h                EXTRADITION
Documents.
Added by:
XXIV. 2002.14.
26U. (1) For the purposes of this Part the copy of a warrant
issued by the ICC that is transmitted to the Secretary of State
Minister shall be treated as if it were the original warrant.
(2) Where facsimile transmission is used -
( a ) for the making of a request by the ICC or the
transmission of any supporting documents, or
( b ) for the transmission of any document in consequence
of such a request,
this Part applies as if the documents so sent were the originals of
the documents so transmitted and shall be receivable and
admissible in evidence accordingly.
(3) Where the ICC amends a warrant of arrest, the provisions of
this Part apply to the amended warrant as if it were a new warrant;
sohowever that this does not affect the validity of anything done in
reliance on the old warrant.
PART VII
MISCELLANEOUS
Language of 
documents.
27. Any document which is to be produced in connection with
a request for the return of a person according to the provisions of
the Act shall be in either the Maltese or the English language, and,
when any such document is in neither of these languages, the
Minister may ask for its translation into the English language.
Regulations. 28. The Minister may by regulations prescribe the form of any
warrant or order to be issued or made under the provisions of this
Act.
Removal of 
prisoners to and 
from other 
countries and 
enforcement of 
foreign 
punishments.
29. (1) Where an arrangement has been made with any
country with respect to the removal of a person serving a sentence
of imprisonment in Malta or in any such other country, from or to
Malta or such other country, or otherwise with respect to the
enforcement in one country of any punishment imposed or awarded
in another, the Minister may make an order to give effect to such an
arrangement, subject to any exceptions, modifications and
qualifications made in the order or in any subsequent order, and
any such order may contain such provision as the Minister may
deem appropriate in the circumstances, including the application,
with any appropriate modifications, of any of the provisions of this
Act or of any other enactment.
(2) In this section the term "arrangement" has the same
meaning in relation to the matters mentioned in subarticle (1) as it
has in other provisions of this Act in relation to the return of
fugitive criminals.
Saving. 30. Any arrangement with a foreign state applicable to Malta
under the provisions of the Acts of Parliament of the United
Kingdom entitled the Extradition Acts 1870 to 1932 * , on the day
immediately preceding the date of the commencement of this Act,
                          EXTRADITION _g CAP. 276.        23
shall, subject to the other provisions of this Act, continue so to
apply until it is revoked.
Special 
extraditable 
offences. 
Added by: 
XVII.1996.19.
Cap. 9.
Cap. 391.
31.  (1)  The offences referred to in article 5(1)( e ) and   ( g ) of
the Criminal Code shall be deemed to have been included as
extraditable offences in all extradition treaties made by Malta (or
are applicable to Malta) with Convention countries and which
extend to, and are binding on, Malta on the date of the coming into
force of the Security Service Act.
(2) Where this Act does not apply in the case of any state which
is a party to the ''Internationally Protected Persons Convention'' and
the ''Taking of Hostages Convention'', the Minister may by order
under articles 4 and 7 designate such country as a Commonwealth
country under the said article 4 or as a foreign country under article
7, as the case may be and such order shall for the purposes of the
said article 7 be deemed to be an arrangement as is mentioned in
that section.
(3) When this Act applies to any state by virtue only of an
order made under subarticle (2) no application for extradition by
that state shall relate to any extradition crimes within the meaning
of this Act except offences deemed to be included in the list of
extradition crimes pursuant to subarticle (1).
(4) For the purposes of this Act, any act, wherever committed,
which is an offence mentioned under this Act and an offence
against the law of any state in the case of which that Act is applied
by an order under subarticle (2) shall be deemed to be an offence
committed within the jurisdiction of that state.
(5) In this article:
"Convention countries" means those countries which are
contracting parties to the Suppression of Terrorism Convention, the
Internationally Protected Persons Convention and to the Taking of
Hostages Convention;
"Internationally Protected Persons Convention" means the
Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons adopted by the United Nations
General Assembly in 1973;
"Suppression of Terrorism Convention" means the European
Convention on the Suppression of Terrorism done at Strasbourg on
the 27th January, 1977;
"Taking of Hostages Convention" means the International
Convention against the Taking of Hostages opened for signature at
New York on the 18th December, 1979.
Other special 
extraditable 
offences.
Added by;
III. 2002.163.
Cap. 9.
32. (1) The offences referred to in articles 115 to 121B of the
Criminal Code shall be deemed to have been included as
extraditable offences in all extradition treaties made by Malta (or
are applicable to Malta) with Convention countries and which
extend to, and are binding on, Malta on the date of the coming into
*Repealed by article 30(1) of the Act as originally enacted, which subsection has been
omitted under the Statute Law Revision Act, 1980.
  24      CAP. 276. _h                EXTRADITION
force for Malta of the Convention.
(2) Where this Act does not apply in the case of any state which
is a party to the "Criminal Law Convention on Corruption" the
provisions of article 31(2) and (3) shall   mutatis mutandis  apply to
any such country sohowever that the reference to "subarticle (1)" in
the said subarticle (3) shall be read and construed as a reference to
subarticle (1) of this article.
(3) In this article:
"Convention countries" means those countries which are
contracting parties to the Convention;
"the Convention" means the Criminal Law Convention on
Corruption done at Strasbourg on the 27th January 1999.
Amended by:
III. 2001.28.
SCHEDULE 
_gS E C T I O N  5_h 
1.  Wilful homicide
2.  Involuntary homicide
3.  An offence against the law relating to abortion 
4.  Wilful grievous bodily harm
5.  Assault occasioning actual bodily harm 
6.  Rape (carnal knowledge with violence) 
7.  Abduction
8.  Unlawful sexual intercourse with a female
9.  Violent indecent assault
10.  Procuring, or trafficking in, women or young persons for
immoral purposes 
11.  Bigamy
12.  Illegal arrest, detention or confinement, or dealing in
slaves 
13.  Unlawful removal of persons to a foreign country or
confinement therein
14.  Kidnapping, abandoning or exposing a child
15.  Bribery
16.  Perjury or subornation of perjury or conspiring to defeat
the course of justice
17.  Arson or fire-raising
18.  An offence concerning counterfeit currency 
19.  An offence against the law relating to forgery
20.  Theft
21. Misappropriation, fraud relating to insurance, barratry,
                          EXTRADITION _g CAP. 276.        25
fraudulent breach of trust in respect of papers signed in blank or
otherwise, commercial or industrial fraud, obtaining money or
property by false pretences, other cases of fraudulent gain
22. Receiving stolen property or property which was
misapplied or obtained by means of any offence, or knowingly
taking part in the sale or disposal thereof 
23. Embezzlement
24. Blackmail, private violence, unlawful exaction, extortion 
25. An offence against bankruptcy law or company law
26. Malicious or wilful damage to property
27. Acts done with the intention of endangering vehicles,
vessels or aircraft
28. An offence against the law relating to dangerous drugs or
narcotics
29. Piracy
30. Revolt against the authority of the master of a ship or the
commander of an aircraft
31. An offence against the law relating to computer misuse
