'National procedures re enforcement of sentences imposed' in document 'Malta: ICC Act 2003'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 4
ENFORCEMENT OF SENTENCES AND ORDERS

9.

(2) The Minister shall issue a warrant authorising -

(a) the bringing of the prisoner to Malta,

(b) the detention of the prisoner in Malta in accordance with the sentence of the ICC, and

(c) the taking of the prisoner to a prison, within the meaning of the Prisons Act, in Malta.

The provisions of the warrant may be varied by the Minister, and shall be so varied to give effect to any variation of the ICC’s sentence.

PART 4
ENFORCEMENT OF SENTENCES AND ORDERS

10.

(1) This article applies where the Minister receives a request from the ICC -

(a) for the temporary return of the prisoner to the custody of the ICC for the purposes of any proceedings, or

(b) for the transfer of the prisoner to the custody of another state in pursuance of a change in designation of state of enforcement.

(2) The Minister shall -

(a) issue a warrant authorising the prisoner’s temporary return or transfer in accordance with the request,

(b) make the necessary arrangements with the ICC or, as the case may be, the other state, and

(c) give such directions as to the custody, surrender and, where appropriate, return of the prisoner as appear to him appropriate to give effect to the arrangements.