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Rule of specialty as applied by the State.
[Art. 14]
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39.—(1) This section applies to a person who has been surrendered to the State by a requested country.
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(2) 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—
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(a) with the consent of the requested country, signified under the seal of a minister of state of that country, which seal shall be judicially noticed, or
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(b) where that person, having had an opportunity to leave the State, has not done so within forty-five days of his final discharge in respect of the offence for which he was surrendered or has returned to the State after leaving it.
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(3) Where the description of the offence charged is altered in the course of proceedings, he shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence for which he would be liable to be surrendered to the State.
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