SPECIALITY RULE (CLAUSE 13)
57. The Speciality Rule in the Scheme provides the circumstances in
which a fugitive may be dealt with for any lesser offence proved by
the facts on which return was grounded or a returnable offence of the
same nature as the offence for which he was returned.
58. Professor Shearer comments on the use of the word "lesser" rather
than "other" offence, the reluctance of some countries to give consent
to prosecution for offences of a related nature and the restrictive wording of Clause 13(1) which requires that the fugitive has a
reasonable opportunity of going back to the country which returned him. He suggests amendment to Clause 13(1) to provide for a reasonable
opportunity of leaving the requesting country and the addition of a new Sub-clause (4) setting out guidance for consent to prosecution for
offences of the same nature.
UK POSITION
59. The operation of the Speciality Rule is considered at chapter 10
of the Working Party Report and in particular the Commonwealth arrange-
ments at paras 10. 4-6. Paragraph 10.12 deals with consent to trial
for additional offences, 10.17 on trial on reformulated charges and
10.19 and 20 on the return of the offender to the United Kingdom.
LINE TO TAKE
60.
The proposal to amend Clause 13(1) to give the returned fugitive
the opportunity to leave the requesting State
ather than to
return to the United Kingdom is acceptable. It has been adopted in
some of our recent extradition treaties and has been recommended by
the Working Party.
61. The proposal to add an additional paragraph (4) to give guidance
is acceptable and we would agree that a requesting State should be unde:
an obligation to include in the original request all the offences which
it knew of at the time. Additionally there are 2 further points which
might be covered: first there should be a requirement to provide
documents and evidence which would be required by Clauses 3 and 5 and secondly to provide any statement which has been made by the returned
offender and which would show whether he consented. This would accord
with our practice under Section 3(3)(c) of the 1967 Act.
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