Document ID: chunk:federal_register_of_legislation:F1996B01852:body:0:p6
Version: federal_register_of_legislation:F1996B01852
Segment Type: other
Provision Reference: 
Character Range: 13097–15823

the Requested State may at the request of the Requesting State be temporarily transferred to the Requesting State to give evidence or to assist investigations.

 2. The Requested State shall not transfer a prisoner to the Requesting State unless the prisoner consents.

 3. While the original sentence of a prisoner in the Requested State has not expired, the Requesting State shall hold the prisoner in custody and shall return that prisoner in custody to the Requested State at the conclusion of the proceedings in relation to which transfer to the Requesting State is sought under paragraph 1 of this Article or at such earlier time as that prisoner's presence is no longer required.

 4. Where the sentence imposed on a person transferred under this Article expires whilst the person is in the Requesting State, that person shall thereafter be treated as a person referred to in Article 12.

ARTICLE 12

AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE OR

ASSIST INVESTIGATIONS

 1. The Requesting State may request the assistance of the Requested State in making a person available:
      (a) to 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) to assist investigations in relation to a criminal matter in the Requesting State.

 2. The Requested State shall, if satisfied that satisfactory arrangements for that person's security will be made by the Requesting State, request the person to consent to appear as a witness in proceedings or to assist in the investigations.

ARTICLE 13

SAFE CONDUCT

 1. Where a person consents to give evidence in a proceeding or to assist in an investigation in the Requesting State under Articles 11 or 12:
      (a) that person shall not be detained, prosecuted or punished in the Requesting State for any offence, nor shall advantage be taken in the Requesting State of the presence of the person for the purpose of civil proceedings, in respect of any act or omission which preceded the person's departure from the Requested State; or
      (b) that person shall not be required to give evidence in any proceeding other than the proceeding to which the request relates, without that person's consent.

 2. Paragraph 1 of this Article shall cease to apply if that person, not being a prisoner detained under Article 11, and being free to leave, has not left the Requesting State within a period of thirty days after that person has been officially notified that that person's presence is no longer required or, having left, has returned.

 3. A person appearing before an authority in a Requesting State pursuant to a request under Articles 11 or 12 shall not be subject to