Extradition (European Union Conventions) Act, 2001
|
Application of rule of specialty in State. |
16.—Section 39 of the Principal Act is hereby amended by— | |
(a) the substitution, in subsection (2), of “Subject to subsection (2A) (inserted by section 16 (b) of the Extradition (European Union Conventions) Act, 2001), a person to whom this section applies shall not be proceeded against, sentenced or imprisoned or otherwise restricted in his personal freedom for any offence committed before his surrender other than that for which he was surrendered, except in the following cases—” for “He shall not be proceeded against, sentenced or imprisoned or otherwise restricted in his personal freedom for any offence committed prior to his surrender other than that for which he was surrendered, except in the following cases—”, and | ||
(b) the insertion of the following subsection: | ||
“(2A) A person to whom this section applies, who has been surrendered to the State by a Convention country pursuant to a request for his extradition from the Central Authority in the State, may— | ||
(a) be proceeded against for an offence alleged to have been committed by him before his surrender (other than that for which he has been surrendered) provided that— | ||
(i) upon conviction he is not liable to a term of imprisonment or detention, | ||
(ii) in circumstances where, upon conviction, he would be liable to a term of imprisonment or detention or such penalty as does not involve a restriction of his personal liberty, the said other penalty only shall be imposed should he be convicted of the offence concerned, | ||
(b) be subjected to a penalty (other than a penalty consisting of the restriction of his personal liberty) including a financial penalty, where apart from this section the law so provides in respect of an offence— | ||
(i) of which he has been convicted, | ||
(ii) that was committed before his surrender, and | ||
(iii) that is not an offence for which he has been surrendered, | ||
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 comply with the order of the court by which the penalty has been imposed), he may in accordance with law and apart from this section be detained or otherwise deprived of his personal liberty, or | ||
(c) be proceeded against or, where apart from this section the law so provides, be detained for the purpose of executing a sentence of imprisonment or detention in respect of an offence— | ||
(i) of which he has been convicted, | ||
(ii) that was committed before his surrender, and | ||
(iii) that is not an offence for which he has been surrendered, | ||
or, where apart from this section the law so provides, be otherwise restricted in his personal liberty as a consequence of being convicted of such offence, provided that he has consented to such execution or his personal liberty being so restricted before the High Court which shall, upon being satisfied that the person so consents voluntarily and is aware of the consequences of his so consenting, record that consent.”. |