Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p7
Version: federal_register_of_legislation:F1996B01929
Segment Type: other
Provision Reference: 
Character Range: 15822–18464

to assist in investigations

 1. A person in custody in the Requested State may, at the request of the Requesting State, be temporarily transferred to the Requesting State to give evidence or to assist in investigations.

 2. The Requested State shall not transfer a person in custody to the Requesting State unless the person consents to that transfer.

 3. While the person transferred is required to be held in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return that person in custody to the Requested State at the conclusion of the matter in relation to which transfer was sought under paragraph 1 or at such earlier time as the person's presence is no longer required.

 4. Where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person referred to in Article 14.

 5. A person set at liberty under paragraph 4 shall, for the period during which his presence is still required in the Requesting State, receive the same allowances and expenses as would be payable to a person referred to in Article 14, and shall be entitled to the cost of his return travel to the Requested State, if he returns to that State.

 6. The Requesting State shall be responsible for making all necessary arrangements for the transit of such persons through third countries.

Article 14

Availability of other persons to give
evidence or assist in investigations

 1. The Requesting State may request the assistance of the Requested State in obtaining a person's consent to:
         (a) appear as a witness in proceedings in relation to a criminal matter in the Requesting State unless that person is the person charged; or
         (b) assist in investigations in relation to a criminal matter in the Requesting State.

 2. The Requested State, on behalf of the Requesting State, shall invite that person to consent to appear as a witness in proceedings or to assist in the investigations.  Such person shall be under no compulsion to accept such an invitation.

Article 15

Safe conduct

 1. Subject to paragraph 2, where a person is in the Requesting State pursuant to a request made under Articles 13 or 14:
         (a) that person shall not be detained, prosecuted or punished in the Requesting State for any offence nor, to the extent permitted by the law of the Requesting State, be subject to any civil suit, being a civil suit to which the person could not be subjected if the person were not in the Requesting State, in respect of any act or