Extradition (Rule of Specialty and Re-Extradition For Purposes of Part III of Extradition Act, 1965) Order, 1994.

• Jurisdiction: Ireland
• Citation: IR SI 221/1994
• Year: 1994

S.I. No. 221 of 1994.

EXTRADITION (RULE OF SPECIALTY AND RE-EXTRADITION FOR PURPOSES OF PART III OF EXTRADITION ACT, 1965) ORDER, 1994.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Justice, in exercise of the powers conferred on me by section 3 of the Extradition (Amendment) Act, 1987 (No. 25 of 1987), hereby order as follows: 1. (1) This Order may be cited as the Extradition (Rule of Specialty and Re-extradition for Purposes of Part III of Extradition Act, 1965) Order, 1994.

(2) This Order shall come into operation on the 22nd day of August, 1994. 2. In this Order, a reference to a Part, section, subsection, paragraph or subparagraph is a reference to a Part, section, subsection, paragraph or subparagraph of the Extradition Act, 1965 (No. 17 of 1965), as amended, unless it is indicated that reference to some other provision is intended. 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...