Extradition Act 1965

Rule of specialty.

[Art. 14]

20

20. (1) F30 [ Subject to subsection (1A) (inserted by section 15 (b) of the Extradition (European Union Conventions) Act, 2001), extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement ]

( a) that the person claimed shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order, or otherwise restricted in his personal freedom, for any offence committed prior to his surrender other than that for which his extradition is requested, except in the following cases—

F31 [ (i) subject to section 20A (inserted by section 7 (b) of the Extradition (European Union Conventions) Act, 2001), with the consent of the Minister, or ]

(ii) where that person, having had an opportunity to leave the territory of that country, has not done so within forty-five days of his final discharge in respect of the offence for which he was extradited or has returned to the territory of that country after leaving it, and

( b) that where the description of the offence charged in the requesting country is altered in the course of proceedings, he shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.

F32 [ (1A) Extradition to a Convention country of a person claimed shall not be refused on the grounds only that it is intended

( a ) to proceed against him in that country for an offence alleged to have been committed by him before his surrender (other than an offence to which the request for extradition relates) provided that

(i) upon conviction he is not liable to a term of imprisonment or detention, or

(ii) in circumstances where upon conviction he is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his personal liberty, the High Court is satisfied that the said other penalty only will be imposed should he be convicted of the offence concerned,

( b ) to impose in the Convention country concerned a penalty (other than a penalty consisting of the restriction of the person s liberty) including a financial penalty in respect of an offence

(i) of which the person claimed has been convicted,

(ii) that was committed before his surrender, and

(iii) that is not an offence to which the request relates,

notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists), he may under the law of that Convention country be detained or otherwise deprived of his personal liberty, or

( c ) to proceed against or detain him in the Convention country concerned for the purpose of executing a sentence or order of detention in respect of an offence

(i) of which the person claimed has been convicted,

(ii) that was committed before his surrender, and

(iii) that is not an offence to which the request relates,

or otherwise restrict his personal liberty as a consequence of being convicted of such offence, provided that

(I) after his surrender he consents to such execution or to his personal liberty being so restricted and, in the case of an Irish citizen, the Minister so consents also, and

(II) under the law of the Convention country, such consent shall be given before the competent judicial authority in that country and be recorded in accordance with the law of that country. ]

(2) Notwithstanding anything in subsection (1), the fact that the law of the requesting country permits the taking of any measures necessary to remove the person from its territory or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time shall not of itself prevent his extradition.

(3) The consent of the Minister shall not be given unless a request for consent is submitted by the requesting country, supported by the documents mentioned in section 25 and a legal record of any statement made by the extradited person in respect of the offence concerned.

(4) The consent of the Minister shall be given if the offence for which it is requested is itself one for which there is an obligation to grant extradition.

Annotations:

Amendments:

F30

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 15(a), S.I. No. 85 of 2002.

F31

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 7(a), S.I. No. 85 of 2002.

F32

Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 15(b), S.I. No. 85 of 2002.

Modifications (not altering text):

C8

Section applied with modifications (22.08.1994) by Extradition (Rule of Specialty and Re-Extradition For Purposes of Part III of Extradition Act, 1965) Order 1994 (S.I. No. 221 of 1994), arts. 3, 7, 8, in effect as per art. 1(2).

3. Subject to the provisions of this Order, section 20 (which subjects the power to grant the extradition of a person under Part II to certain restrictions relating to the taking of proceedings against and the sentencing or restricting of the personal freedom of the person concerned in the requesting country in respect of offences other than the offence for which he is extradited) shall apply in relation to the delivery of a person under Part III into the custody of a member of a police force of a place in relation to which Part III applies, with the following adaptations and modifications:

(a) in subsection (1)—

(i) "An order shall not be made under section 47 (1) if it is shown that provision is not made by the law in force in the place in relation to which Part III applies in which the relevant warrant was issued" shall be substituted for "Extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement",

(ii) in paragraph (a)—

(I) "or otherwise dealt with in any of the places in relation to which Part III applies" shall be inserted after "freedom",

(II) "delivery other than the offence specified in the relevant warrant" shall be substituted for "surrender other than that for which his extradition is requested",

(III) in subparagraph (ii)—

(A) "to go to the territory of any country outside the places in relation to which Part III applies" shall be substituted for "to leave the territory of that country",

(B) "for which he was delivered up" shall be substituted for "for which he was extadited", and

(C) "has, after going to any such territory, gone, or gone back, to any of those places, or" shall be substituted for "has returned to the territory of that country after leaving it, and",

and

(IV) the following subparagraph shall be inserted after subparagraph (ii):

"(iii) where, in proceedings in relation to the offence for which that person was delivered up, he could be convicted for that other offence under the law in force in the place in relation to which Part III applies in which the relevant warrant was issued, and",

and

(iii) in paragraph (b)—

(I) "the place in relation to which Part III applies in which the proceedings for the offence are taking place" shall be substituted for "the requesting country",

(II) ", sentenced or detained with a view to the carrying out of a sentence or detention order, or otherwise restricted in his personal freedom or otherwise dealt with," shall be substituted for "or sentenced", and

(III) "for which the person could be delivered up under Part III" shall be substituted for "which would allow extradition",

(b) subsections (2) and (4) shall be deleted, and

(c) the following subsection shall be substituted for subsection (3):

"(3) A request for the consent of the Minister shall be supported by such documents as the Minister thinks necessary in order to enable the Minister to decide whether to comply with or refuse the request.",

and the said subsection (1), as adapted and modified by this Article, is set out in the Table to this Article.

TABLE

(1) An order shall not be made under section 47 (1) if it is shown that provision is not made by the law in force in the place in relation to which Part III applies in which the relevant warrant was issued—

(a) that the person claimed shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order, or otherwise restricted in his personal freedom or otherwise dealt with in any of the places in relation to which Part III applies, for any offence committed prior to his delivery other than the offence specified in the relevant warrant, except in the following cases—

(i) with the consent of the Minister, or

(ii) where that person, having had an opportunity to go to the territory of any country outside the places in relation to which Part III applies, has not done so within forty-five days of his final discharge in respect of the offence for which he was delivered up or has, after going to any such territory, gone, or gone back, to any of those places, or

(iii) where, in proceedings in relation to the offence for which that person was delivered up, he could be convicted for that other offence under the law in force in the place in relation to which Part III applies in which the relevant warrant was issued, and

(b) that where the description of the offence charged in the place in relation to which Part III applies in which the proceedings for the offence are taking place is altered in the course of proceedings, he shall only be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order, or otherwise restricted in his personal freedom or otherwise dealt with, in so far as the offence under its new description is shown by its constituent elements to be an offence for which the person could be delivered up under Part III.

...

7. (1) For the purposes of the application of subsection (1) of section 20 or subsection (1) of section 21 to a person referred to in that subsection, the law in force in a place in relation to which Part III applies shall not be regarded as making the provision specified in that subsection if it is shown that it does not provide that such a person delivered up to that place shall not, while he is on bail, be regarded as having had an opportunity to go to the territory of any country outside the places in relation to which Part III applies or as having, after going to any such territory, gone, or gone back, to any of those places.

(2) For the purposes of the application of subsection (3) of section 21 or subsection (2) of section 39 to a person referred to in that subsection, a person shall not, while he is on bail, be regarded as having had an opportunity to leave the State or as having returned to the State after leaving it.

(3) References in paragraphs (1) and (2) of this Article to sections 20, 21 and 39 are references to those sections as modified and adapted by this Order.

8. This Order applies in cases where the warrant concerned is endorsed on or after the commencement of this Order for execution in the State under section 43 or in a place in relation to which Part III applies under corresponding arrangements in force in that place.