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Priority where two or more requests made

12 Where requests for the return of a fugitive offender to two or more parts

the Commonwealth fall to be dealt with at the same time, the competent executive authority will determine to which part he should be returned and, accordingly, may refuse the other requests; and in determining the matter that authority will consider all the circumstances of the case and in particular-

(a) the relative seriousness of the offences,

(b) the relative dates on which the requests were made, and

(c) the citizenship or other national status of the fugitive and his

ordinary residence.

Speciality rule

13. (1) This clause relates to a fugitive offender who has been returned from one part of the Commonwealth to another part thereof, so long as he has not had a reasonable opportunity of going back to the first mentioned part.

(2) In the case of a fugitive offender to whom this clause relates, his detention or trial in the part of the Commonwealth to which he has been returned for any offence committed prior to his return (other than the one for which he was returned or any lesser offence proved by the facts on which that return was grounded or, with the consent of the requested country or territory, a returnable offence of the same nature as the offence for which he was returned) will be precluded by law.

(3) The reference in paragraph (2) to detention includes a reference to detention for the purposes of any proceedings for returning or surrendering the fugitive offender to any country or territory for trial or punishment and, accordingly, in the case of a fugitive to whom this clause relates such return or surrender will be precluded by law if the offence for which his return or surrender is requested is such an offence as is mentioned in paragraph (2).

Return of escaped prisoners

14.-(1) In the case of a person who—

(a) has been convicted of a returnable offence by a court in any part of the Commonwealth and is unlawfully at large before the expiry of his sentence for that offence, and

(b) is found in some other part of the Commonwealth,

the provisions set out in this Scheme, as applied for the purposes of this clause by paragraph (2), will govern his return to the part of the Common- wealth in which he was convicted.

(2) For the purposes of this clause this Scheme shall be construed, subject to any necessary adaptations or modifications, as though the person unlawfully at large were accused of the offence of which he was convicted and, in particular-

(a) any reference to a fugitive offender shall be construed as including a reference to such a person as is mentioned in paragraph (1), and

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