Document ID: chunk:federal_register_of_legislation:F2016L00535:schedule:1:p3
Version: federal_register_of_legislation:F2016L00535
Segment Type: schedule
Provision Reference: sch 1 (pt 3/7)
Character Range: 9254–12436

under multilateral conventions to which one or both Contracting States are party.

ARTICLE 6

PROCEDURE FOR TRANSFER

(1)               The Contracting States shall take reasonable steps to inform sentenced persons of the substance of this Agreement after their conviction.

(2)               If the sentenced person wishes to be transferred, he or she, or someone on their behalf, may express such a wish to the transferring State or the receiving State, either of whom shall inform the other Contracting State in writing.

(3)               Upon receiving an application from a sentenced person, either the transferring or the receiving State may make a request for transfer in writing through diplomatic channels.

(4)               Requests for transfer shall be in writing and shall include the following information:

         (a)                the name, date and place of birth of the sentenced person;

         (b)                a statement of the citizenship, nationality or residence status of the sentenced person; and

         (c)                the location of the sentenced person and current address.

(5)               Where a request for transfer has been made, the transferring State shall provide the receiving State with the following information unless either the receiving or transferring State has already decided that it will not agree to the transfer:

         (a)                a statement of the facts upon which the conviction and sentence were based;

         (b)                a statement of the relevant law creating the offence;

         (c)                the commencement and termination dates of the sentence, if applicable and the nature of the sentence;

         (d)                the length of time already served by the sentenced person;

         (e)                any remissions to which he or she is entitled on account of work done, good behaviour, pre‑trial confinement or other reasons;

         (f)                 the first possible date on which the sentenced person became or will become eligible for release or is to be considered for release, and any conditions or supervision the sentenced person is subject to or will be subject to on release, if applicable;

         (g)                a copy of the certificate or record of conviction and sentence and, if available, copies of any judgements and sentencing remarks;

         (h)                any correctional facility, medical or social reports on the sentenced person and, if applicable, information about the sentenced person's medical treatment in the transferring State and any recommendation for further treatment in the receiving State; and

         (i)                  as far as possible, any other information which the receiving State may specify as required, to enable it to consider the possibility of transfer and to enable it to inform the sentenced person of the full consequences of transfer for him or her under its law.

(6)               The receiving State shall provide the transferring State with the following information before transfer, if requested by the transferring State, unless either the receiving or the transferring State has