S.L. 276.8 Art. 18Speciality.

(1) A person’s return to a scheduled country is barred by reason of speciality if, and only if, there is no speciality arrangement with the scheduled country as is referred to in article 10(3) and 10(4) of the relevant Act.

(2) Article 10(3) of the relevant Act shall have effect subject to the following provisions of this article.

(3) Article 10(3) of the relevant Act shall be read and construed as if for paragraphs (a) to (c) thereof, both inclusive, there were substituted the following paragraphs:

(a) the offence in respect of which the person is returned;

(b) an extraditable offence disclosed by the same facts as that offence;

(c) an extraditable offence in respect of which the court gives its consent under article 55 to the person being dealt with;

(d) an offence which is not punishable with imprisonment or another form of detention;

(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4) The person returned may be dealt with in the scheduled country for an offence falling within subarticle (2) and committed before his return only if that person is given the opportunity to leave the scheduled country and -

(a) he does not do so before the end of a period of 45 days starting with the day on which the person arrives in the scheduled country;

(b) or if he does so before the end of the aforesaid period, he returns there.

(5) Article 10(4) of the relevant Act shall also apply to any arrangement as is mentioned in this article.