Document ID: chunk:federal_register_of_legislation:F2019L01277:schedule:1:p3
Version: federal_register_of_legislation:F2019L01277
Segment Type: schedule
Provision Reference: sch 1 (pt 3/6)
Character Range: 9042–12007

Party in writing.

    (3) A request for transfer may be made by either the transferring or the receiving Party.

    (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 nationality 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 Party shall provide the receiving Party with the following information:

         (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 termination date of the sentence, if applicable;

         (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 judgments 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 Party and any recommendation for further treatment in the receiving Party; and

         (i) as far as possible, any other additional information relevant to the potential transfer requested by the receiving Party.

    (6) The receiving Party must provide the transferring Party with the following information before transfer, if requested by the transferring Party:

         (a) a document or statement indicating that the sentenced person complies with the conditions in Article 4(b) or 4(c);

         (b) a statement that the acts or omissions on account of which the sentence has been imposed constitute the essential elements of a criminal offence according to the law of the receiving Party, or would constitute such essential elements of a criminal offence if committed within the jurisdiction of the receiving Party, on the day of receipt of the request for transfer.  Alternatively, a statement that the receiving Party waives this requirement;

         (c) a statement describing how the sentenced person's sentence would be enforced by the receiving Party in accordance with the continued enforcement method;

         (d) a statement that the sentenced person will not be tried or sentenced in the receiving Party for the acts or omissions on account of which the sentence was imposed in the transferring Party and shall not be detained for