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Rule of specialty (Part 2)
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27. (1) Where a sentenced person is transferred to an executing state under a transfer warrant and the Minister receives a request from the executing state in accordance with subsection (2), the Minister shall apply or cause an application to be made to the appropriate court for the court to give its consent to—
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(a) proceedings being brought against the person in the executing state for an offence,
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(b) the imposition in the executing state of a penalty, including a penalty consisting of a restriction of the person’s personal liberty, in respect of an offence, or
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(c) proceedings being brought against, or the detention of, the person in the executing state for the purpose of executing a sentence in respect of an offence.
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(2) A request from an executing state referred to in subsection (1) shall include the following information in the Irish language or the English language—
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(a) the name and nationality of the sentenced person to whom it relates,
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(b) the name of the judicial authority in the executing state that issued the request, and the address of its principal office,
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(c) the telephone number, fax number (if any) and email address of that judicial authority,
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(d) the offence to which the request relates, including the nature and classification under the law of the executing state of the offence concerned,
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(e) that a conviction or sentence is immediately enforceable against the sentenced person, or that a warrant for his or her arrest, or other order of a judicial authority in the executing state having the same effect, has been issued in respect of that offence,
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(f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the sentenced person in the commission of the offence, and
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(g) (i) the penalties to which the sentenced person would, if convicted of the offence, be liable,
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(ii) where the sentenced person has been convicted of the offence and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and
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(iii) where the sentenced person has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.
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(3) The appropriate court shall give its consent under subsection (1) if it is satisfied that—
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(a) were the person concerned in the State, and
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(b) were there a European arrest warrant (within the meaning of the Act of 2003) issued in respect of the person by the executing state in relation to the offence to which the request relates,
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there would be an obligation under the Act of 2003 to make an order directing that the person be surrendered to that state.
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(4) A decision by the appropriate court regarding whether to give its consent under subsection (1) shall be taken as soon as practicable and in any event no later than 30 days from the date of receipt of the request in accordance with subsection (2).
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(5) In this section—
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“judicial authority” has the same meaning as it has in the Act of 2003;
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“offence” means, in relation to a sentenced person, an offence (other than an offence in respect of which he or she has been transferred to the executing state to serve the sentence in relation to) under the law of the executing state committed before his or her transfer to that state.
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