Extradition (European Union Conventions) Act, 2001
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Rule of specialty. |
15.—Section 20 of the Principal Act is hereby amended by— | |
(a) the substitution in subsection (1) of “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—” for “Extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement—”, and | ||
(b) the insertion of the following subsection: | ||
“(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.”. |