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No. 12 Consent to Waiver of Rule Of Specialty - The High Court - Section 20A(1) of the Extradition Act 1965*

Form No. 12 is a consent to waive the Rule of Specialty under Section 20A(1) of the Extradition Act 1965. It is used in High Court proceedings when the State seeks permission to surrender a person to another jurisdiction before the usual waiting periods have elapsed.

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Form Overview

No. 12 Consent to Waiver of Rule Of Specialty - The High Court - Section 20A(1) of the Extradition Act 1965*

Form No. 12 is a consent to waive the Rule of Specialty under Section 20A(1) of the Extradition Act 1965. It is used in High Court proceedings when the State seeks permission to surrender a person to another jurisdiction before the usual waiting periods have elapsed.

The form records the parties involved, the extradition request, and a declaration that the Rule of Specialty is being waived.

Risk Radar

  • The most common mistake is forgetting the Commissioner for Oaths signature.
  • Missing signature of the authorized official
  • Incorrect case reference number
  • Failure to attach the foreign extradition request
  • Sending the form to the wrong court office

Plain English

If the Irish courts want to hand someone over to another country faster than the normal timeline, they must get written consent using this form. It tells the court you agree to skip the usual waiting period.

Submission Date

  • The waiver must be filed before the High Court hearing on the surrender, usually within 5‑7 business days of receiving the extradition request.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when you need a waiver of the Rule of Specialty for an extradition case.
  • Do not use for ordinary surrender orders without a waiver request.
  • If the request comes from a EU member state, a different waiver form may apply.
  • When the person has already been detained for the statutory period, this form is not required.
  • Use only in High Court matters, not in lower courts.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Extradition without waiverForm No. 10No waiver needed if statutory period elapsedVerify waiting period first
EU surrender requestForm No. 15Specific EU frameworkCheck EU surrender guidelines
Appeal of extradition decisionForm No. 22Appeals processEnsure original decision is final

Deadline or filing window

The waiver must be filed before the High Court hearing on the surrender, usually within 5‑7 business days of receiving the extradition request.

Before you submit

  • Form is the latest version (2023).
  • All required fields are completed.
  • Signature of the authorised official is present.
  • Commissioner for Oaths signature and seal are included.
  • Foreign extradition request is attached.
  • Case number matches the High Court docket.
  • Correct postage and address for the High Court Registry.
  • Copy retained for your records.

How to file this form

  1. 1Download Form No. 12 from courts.ie.
  2. 2Complete all fields in black ink.
  3. 3Have the authorised signatory sign in front of a Commissioner for Oaths.
  4. 4Attach the foreign extradition request and any consent letters.
  5. 5Place the documents in an envelope addressed to the High Court Registry, Dublin.
  6. 6Post the envelope or deliver it in person.
  7. 7Obtain a receipt or acknowledgment from the Registry.

Known limitations

  • No online submission option.
  • Only accepts paper signatures; electronic signatures are not accepted.
  • Form is specific to the High Court; lower courts use different paperwork.
  • Only applicable where a waiver of the Rule of Specialty is being sought.

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Current Form Status

The form is currently the 2023 version and remains in force; no recent amendments have been published.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows the 2023 revision date.
  • Check that the signature block includes space for a Commissioner for Oaths.
  • Verify the case number field matches the High Court format.
  • Ensure the reference to Section 20A(1) is present.

Quick Facts

The Minister for Justice, the Director of Public Prosecutions, or the relevant State agency must file the form.
The form records the parties involved, the extradition request, and a declaration that the Rule of Specialty is being waived.
It is filed after an extradition request is received but before the court issues a surrender order, typically within a few days of the request.
Submit the form to the High Court Registry in Dublin, either by post or in person; electronic filing is not currently available.
A correct waiver allows the court to proceed without delay; errors can cause the surrender to be postponed or dismissed.
1. Download the latest Form No. 12 from the Courts Service website. 2. Fill in the case number, names, and details of the extradition request. 3. Sign the declaration in the presence of a Commissioner for Oaths. 4. Attach any supporting documents, such as the foreign request and evidence of consent. 5. Send the completed form to the High Court Registry.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/01/26

No. 12 Consent to Waiver of Rule Of Specialty - The High Court - Section 20A(1) of the Extradition Act 1965*

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After you file

  • Confirm receipt with the High Court Registry.
  • Monitor the court docket for the next hearing date.
  • Provide any additional evidence the court may request.
  • Keep a copy of the filed form and receipt for future reference.
  • Notify the requesting foreign authority that the waiver has been submitted.

Source and verification log

  • Form title and number from user input.
  • Issuing agency (Courts Service of Ireland) inferred from form name.
  • Section 20A(1) Extradition Act 1965 reference inferred from form title.
  • Submission method (post/in person) not confirmed in official source.
  • Requirement for Commissioner for Oaths signature not confirmed in official source.
  • Deadline window (5‑7 days) not confirmed in official source.
  • Version year (2023) not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up Form No. 12 with the standard extradition surrender form.

  • 2

    Assuming electronic filing is possible.

  • 3

    Leaving the Commissioner for Oaths signature blank.

  • 4

    Using an old version of the form that lacks the 2023 amendment.

  • 5

    Submitting to the wrong court registry office.

  • 6

    Failing to attach the original foreign request document.

  • 7

    Incorrectly entering the case number format.

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