Maltese court orders surrender of Maltese national to Northern Ireland to face charges of child neglect and assault, rejecting all bars to extradition including mental health and prison conditions pleas.
Court of Magistrates (Malta) as a Court of Criminal Inquiry · Magistrate Dr. Leonard Caruana LL.D., M.A. (Fin. Serv) · 7 November 2025
Stephanie Bernardine Rita Josephine Schembri Mcelhatton, a 58-year-old Maltese national residing in Victoria, Gozo, was arrested in Malta pursuant to an Annex 43 Arrest Warrant issued on 31 January 2025 by a District Judge at Belfast Magistrates Court, Northern Ireland. The United Kingdom sought her extradition for prosecution on six counts: two counts of neglecting a minor in a manner likely to cause unnecessary suffering or injury to health, one count of assaulting a minor in a manner likely to cause unnecessary suffering or injury to health, and three counts of assault on a minor occasioning bodily harm. The requested person raised five defences against surrender: (1) insufficient information in the arrest warrant materials; (2) failure to satisfy the double criminality rule; (3) inadequate provision for her mental health treatment if extradited; (4) risk that prison conditions in Northern Ireland would breach her fundamental human rights under Article 3 ECHR; and (5) that a European Investigation Order would have sufficed for the requesting state's purposes. The court examined each plea in turn. On double criminality, it found that child neglect is criminalised under Article 247A of the Maltese Criminal Code and assault causing bodily harm under Articles 214 et seq., so the alleged conduct would be criminal in Malta. On mental health, consultant psychiatrist Dr Anthony Zahra found no severe psychiatric condition impairing legal competency, and the Northern Ireland Prison Service confirmed access to multi-disciplinary mental health teams. On prison conditions, the court applied the CJEU's two-step Aranyosi/Căldăraru test and found no objective evidence of a systemic real risk, noting the requested person had not addressed the Hydebank Wood College facility as a potential alternative placement. The court ordered Schembri Mcelhatton committed to custody to await surrender to the United Kingdom, adopting Dr Zahra's psychiatric recommendations and directing that they be forwarded to the requesting state's authorities. She was informed of her right to appeal to the Court of Criminal Appeal and her right to apply for constitutional redress.
Stephanie Bernardine Rita Josephine Schembri Mcelhatton ordered committed to custody to await extradition/surrender to the United Kingdom under the Annex 43 Arrest Warrant dated 31 January 2025. Return not to take effect until seven days after the committal order. Identification documents and passport released to the Commissioner of Police for surrender purposes. No fines or prison terms imposed by this court; surrender is for prosecution in Northern Ireland.
Extradition (Designated Foreign Countries) Order S.L. 276.05; Extradition Act Cap. 276 of the Laws of Malta; EU-UK Trade and Cooperation Agreement 2020 (TCA) Arts. 596–603, 613; Criminal Code Cap. 9 Arts. 214, 247A (double criminality); Charter of Fundamental Rights of the EU Art. 4