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The Backing of Warrants (Republic of Ireland) (Rule of Speciality) Order 1994
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- UK Statutory Instruments
- 1994 No. 1952
- Explanatory Note
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Explanatory Note
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This Order introduces into the backing of warrants arrangements for the surrender of defendants to and from the Republic of Ireland a statutory speciality rule. By virtue of this, an order for a persons delivery up to the custody of the Irish police may not be made if it is shown that Irish law does not make provision corresponding to articles 4 and 5 of this Order. Article 4 introduces a statutory bar on a person who has been delivered up to the United Kingdom by the Republic under the backing of warrants arrangements being dealt with in the United Kingdom for or in respect of an offence committed before his surrender other than that for which he was delivered up except where his case is a specified case under article 4. Article 5 introduces a statutory bar on such a person being extradited to another State for or in respect of an offence committed before his surrender unless his case is a specified case under article 5. One of the specified cases under articles 4 and 5 is where the Minister for Justice of the Republic has consented to the defendant being dealt with for, or in respect of, the offence in question. Such consent is to be by notice in writing given to the Secretary of State.
The Order extends throughout the United Kingdom and to the Channel Islands and Isle of Man.
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