'Rule of speciality' in document 'Trinidad and Tobago - Extradition Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

8. General restrictions on return.

(3) A person shall not be returned under this Act to a declared Commonwealth or foreign territory, or committed to or kept in custody for the purposes of the return, unless provision is made by the law of that territory, or by an arrangement made with that territory, that he will not, until he has left or has been free to leave that territory, be dealt with in that territory for or in respect of any offence committed before his return under this Act other than—

(a) the offence in respect of which he is returned;
(b) any lesser offence proved by the facts proved before the Magistrate on proceedings under section 12; or
(c) any other offence being an extraditable offence in respect of which the Attorney General may consent to his being so dealt with.

Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT


PART IV
EXTRADITION TO TRINIDAD AND TOBAGO

21. Restriction upon proceedings for other offences.

(2) A person to whom this section applies shall not, during the period described in subsection (3), be dealt with in Trinidad and Tobago for or in respect of any offence committed before he was returned to Trinidad and Tobago other than—
(a) the offence in respect of which he was returned;
(b) any lesser offence proved by the facts proved for the purposes of securing his return; or
(c) any other offence in respect of which the Government or Governor of the territory from which he was returned may consent to his being dealt with.

Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT

PART IV
EXTRADITION TO TRINIDAD AND TOBAGO

21. Restriction upon proceedings for other offences.

(4) A person to whom this section applies shall not be sent from Trinidad and Tobago to another territory for the purposes of being dealt with in that other territory for or in respect of any offence committed before he was returned to Trinidad and Tobago unless the Government or Governor of the territory from which he was returned consents to his being so sent .

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.