Document ID: chunk:federal_register_of_legislation:F2016L00535:schedule:1:p5
Version: federal_register_of_legislation:F2016L00535
Segment Type: schedule
Provision Reference: sch 1 (pt 5/7)
Character Range: 14884–17961

person's consent to the transfer in accordance with Article 4(h) is given voluntarily and with full knowledge of the legal consequences, including recovery of costs in accordance with Article 14(1).

ARTICLE 8

CONSENT OF CONTRACTING STATES

The Contracting States shall consent in writing to the transfer of the sentenced person.

ARTICLE 9

JURISDICTION

(1)               The transferring State shall retain exclusive jurisdiction for the review, revision, modification or cancellation of convictions imposed by its courts.

(2)               Following transfer, either Contracting State may grant pardon, amnesty, commutation of, or reductions or remissions to, convictions and sentences in accordance with its Constitution or other laws and shall notify the other Contracting State in writing of this decision.

ARTICLE 10

CONTINUED ENFORCEMENT OF SENTENCE

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

(2)               The continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the receiving State, 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 State, the receiving State may, in proposing terms to the transferring State, 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 State shall be bound by the findings of fact, insofar as they appear from the conviction, judgement, or sentence imposed by the transferring State. The adapted sentence shall be no more severe than that imposed by the transferring State in terms of nature or duration.

(4)               The receiving State shall modify or terminate enforcement of the sentence as soon as it is informed of any decision by the transferring State in accordance with Article 9.

(5)              The Contracting States shall take reasonable steps to inform the sentenced person in writing of any action or decisions taken by the transferring State or the receiving State under this Article or Article 9.

    ARTICLE 11

    INFORMATION ON ENFORCEMENT OF SENTENCE

The receiving State shall provide information to the transferring State concerning enforcement of the sentence:

(a)               if the sentenced person is granted conditional release;

(b)               when it considers enforcement of the sentence to have been completed;

(c)               if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or

(d)               if the transferring State requests a