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Request for disapplication of rule of specialty
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21. The Act of 2003 is amended by the insertion of the following section after section 33:
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“33A. (1) In this section, an ‘offence’ means, in relation to a person to whom a relevant arrest warrant applies, an offence (other than an offence specified in the relevant arrest warrant issued by the High Court in respect of which the person has been surrendered to the State pursuant to the relevant arrest warrant) under the law of the State committed before the person’s surrender to the State, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the relevant arrest warrant consists in whole or in part.
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(2) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a request for the executing state’s consent to the prosecution of an offence or enforcement of a conviction, sentence or detention order against a person in respect of an offence where the court is satisfied that—
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(a) a domestic warrant has been issued for the arrest of that person but has not been executed, and
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(b) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention of 12 months or more than 12 months.
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(3) A request under subsection (2) for the executing state’s consent to the prosecution of an offence or enforcement of a conviction, sentence or detention order against a person in respect of an offence shall specify—
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(a) the name and nationality of the person to whom it relates,
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(b) the name, address, fax number and e-mail address of—
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(i) the District Court Office for the district in which the District Court was sitting when it issued the warrant referred to in section 2(a),
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(ii) the Circuit Court Office of the county in which the Circuit Criminal Court was sitting when it issued the warrant referred to in section 2(a),
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(iii) the Central Office of the High Court, or
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(iv) the Registrar of the Special Criminal Court,
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as may be appropriate,
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(c) the offence to which the request relates including a description thereof,
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(d) that a conviction, sentence or detention order is immediately enforceable against the person, or that a domestic warrant for his or her arrest has been issued in respect of that offence,
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(e) 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 person in the commission of the offence, and
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(f) the following information, as applicable:
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(i) the penalties to which the person named in the relevant arrest warrant would, if convicted of the offence to which the request relates, be liable;
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(ii) where the person named in the request has been convicted of the offence specified therein and a sentence has been imposed in respect thereof, the penalties of which that sentence consists;
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(iii) where the person named in the request 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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(4) A request under subsection (2) may be issued in respect of one or more than one offence.
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(5) In this section, ‘court’ means—
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(a) the court that issued the domestic warrant to which subsection (2)(a) applies, or
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(b) the High Court.”.
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