The Brazil (Extradition) Order 1997

ARTICLE 12 Rule of Speciality

(1) A person who has been extradited shall not be restricted in his personal freedom, proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited or any extradition offence disclosed by the facts upon which he was extradited, except in the following cases:

(a) when the State which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 5 and a legal record of any statement made by the extradited person in respect of the offence concerned;

(b) when that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within forty-five days of his final discharge, or has returned to that territory after leaving it.

(2) When the description of the offence charged is altered in the course of proceedings, the extradited person 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 which would allow extradition.

(3) A person shall not, without the consent of the Requested State, be re-extradited to a third State in respect of an offence committed before his surrender or return to the Requesting State, except when, having had an opportunity to leave the territory of the State to which he has been surrendered, he has not done so within sixty days of his final discharge, or has returned to that territory after having left it.