Document ID: chunk:federal_register_of_legislation:F2006L00844:body:0:p5
Version: federal_register_of_legislation:F2006L00844
Segment Type: other
Provision Reference: 
Character Range: 10470–13293

Party shall occur on a date and at a place within the territory of the transferring Party as agreed upon by both Parties.

ARTICLE 6
CONSENT OF THE SENTENCED PERSON

 (1) The transferring Party shall ensure that the sentenced person consents to the transfer voluntarily and with full knowledge of the legal consequences thereof. The procedure for giving such consent shall be governed by the law of the transferring Party.

 (2) The transferring Party shall afford an opportunity to the receiving Party, if the receiving Party so desires, to verify through an official designated by the receiving Party, prior to the transfer, that the sentenced person's consent to the transfer in accordance with Article 4 (f) is given voluntarily and with full knowledge of the legal consequences thereof.

ARTICLE 7
RETENTION OF JURISDICTION

  The transferring Party shall retain jurisdiction for the review, revision, modification or cancellation of convictions and sentences imposed by its courts.

ARTICLE 8
CONTINUED ENFORCEMENT OF SENTENCE

 (1) The receiving Party shall enforce the sentence as if the sentence had the same duration or termination date as advised by the transferring Party and as if the sentence had been imposed in the receiving Party.

 (2) The continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the receiving Party, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release, remission or otherwise.

 (3) If the sentence is by its nature or duration incompatible with the law of the receiving Party, the receiving Party may adapt the sentence in accordance with the sentence prescribed by its own law for a similar offence. When adapting the sentence, the appropriate authorities of the receiving Party shall be bound by the findings of fact, insofar as they appear from any opinion, conviction, judgment, or sentence imposed by the transferring Party. The adapted sentence shall be no more severe than that imposed by the transferring Party in terms of nature or duration.

 (4) The receiving Party may, if a sentenced person would be a juvenile according to its law, treat the sentenced person as a juvenile regardless of their status under the law of the transferring Party.

 (5) Following the transfer of a sentenced person, each Party may grant pardon, amnesty or commutation of the sentence in accordance with its Constitution or other laws.

 (6) The receiving Party shall modify or terminate enforcement of the sentence as soon as it is informed of any decision by the transferring Party in accordance with Article 7 or paragraph (5) of this Article to