1986—Venable v. Venable, 2 Va. App. 178 When considering an application for prosecution, the Tribunal must take into account all the circumstances of the case. (g) For all purposes not provided for in pre-trial detention under this Agreement, the prisoner shall be considered to be in custody by the sending State and subject to its jurisdiction, and any case of pre-trial detention may be dealt with in the same manner as an extract from the original place of detention or in such other manner as may be permitted by law. The action requested without the agreement of all the parties may only be granted by a judge for cause. Contested applications for prosecution must be made to the court and all parties and/or defence counsel by personal appearance in court, upon written request, with a period of at least five days. 50 Although the husband withdrew various challenges to the validity of the parties` matrimonial agreement, the court of justice did not wrongly conclude that the husband had not waived his right to challenge the agreement on the ground that the marriage of the parties was annulled. The waiver is an intentional waiver of a known right and, as a general rule, a matter for Trier. The essential elements of the waiver are knowledge of the facts fundamental to the exercise of the right and the intention to waive that right. .