Probation Act (Cap. 446), article 28

28. (1) Where Malta is the issuing State, the court of criminal jurisdiction shall, on its own initiative, or upon the request of the sentenced person, forward a community sanction to the competent authority of the Member State in which the sentenced person is lawfully and ordinarily residing, in cases where the sentenced person has returned or wants to return to that State: Provided that the court of criminal jurisdiction shall only consent to the forwarding of a community sanction, upon the request of the sentenced person, where the sentenced person has not committed subsequent offences and under such conditions it may deem fit to impose. 16 [CAP. 446. PROBATION (1A) The court of criminal jurisdiction may, upon the request of the sentenced person, forward a judgement imposing a community sanction to the competent authority of a Member State other tha n the Member State in which the sentenced person is lawfully and ordi narily residing, provided that the latter authority has consented to s uch forwarding. (2) When, in applying the provisions of subarticle (1), the competent authority forwards a community sanction to the executing State, it shall ensure that it is accompanied by athe certificate which shall be signed and its content certified as accurate by the Attorney General. (3) Once a community sanction has been forwarded to an executing State under this article and the said State has infor med the court of criminal jurisdiction or the Attorney General, as the case may be, that it has recognised the community sanction forwarded, the court of criminal jurisdiction shall no longer h ave competence over the supervision measures imposed in that sancti on nor will it be competent to take decisions referred to in artic le 31(1) unless any of the following occurs: (a) the sentenced person absconds or no longer resides in the executing state; or (b) new criminal proceedings have been instituted against the sentenced person before the Maltese courts. (4) The competence referred to in subarticle (3) shall revert to the court of criminal jurisdiction, as the case may be: (a) as soon as the court of criminal jurisdiction or the Attorney General upon a request by the said court, has notified the competent authority of the executing State about the withdrawal of the certificate referred to in subarticle (2), provided that supervision in the executing State has not yet begun; (b) in cases or categories of cases to be specified by the executing State where it may refuse to assume the responsibility of supervision, in particular: (i) in cases relating to an alternative sanction, where the judgement does not contain a custodial sentence or measure involving the deprivation of liberty to be enforced in case of non-compliance with the obligations or instructions concerned; (ii) in cases relating to a conditional discharge; and (iii) in cases where the judgement relates to acts which do not constitute an offence under the law of the executing State, whatever its constituent elements or however it is described; (c) in cases where the jurisdiction of the executing State has ended in accordance with the provisions of article