Document ID: chunk:federal_register_of_legislation:F2011L01402:body:0:p4
Version: federal_register_of_legislation:F2011L01402
Segment Type: other
Provision Reference: 
Character Range: 7784–10601

(4) Either Party shall, if requested and as far as possible, provide the other Party with any relevant documents, statements or information before making a request for transfer or taking a decision on whether or not to agree to a transfer.

ARTICLE 9
CONSENT OF THE SENTENCED PERSON AND VERIFICATION

(1) The Transferring Party shall ensure that the sentenced person or his or her legal representative voluntarily consents to the transfer with full knowledge of the legal consequences of the transfer; and makes a written declaration confirming that the consent is voluntary and made with full knowledge of the legal consequences of the transfer. The procedure for giving such consent shall be governed by the law of the Transferring Party.

(2) Where the Receiving Party requests, the Transferring Party shall afford the Receiving Party the opportunity to verify, through an official designated by the Receiving Party, that the sentenced person has consented in accordance with the conditions set out in paragraph (1) of this Article.

ARTICLE 10
DELIVERY OF THE SENTENCED PERSON

Where an agreement is reached on a transfer, the Parties shall determine the time, place in the territory of the Transferring Party, and procedure for the transfer, through consultation through the channels as provided in Article 3.

ARTICLE 11
RETENTION OF JURISDICTION

(1) The Transferring Party shall retain jurisdiction for the modification or cancellation of convictions and sentences imposed by its courts.

(2) 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 this Article that results in modification or cancellation of a conviction or sentence imposed by its courts.

ARTICLE 12
CONTINUED ENFORCEMENT OF SENTENCE

(1) After receiving the sentenced person, the Receiving Party shall continue to enforce the sentence pursuant to the nature and the duration of the sentence determined by the Transferring Party, as if the sentence had been imposed in the Receiving Party.

(2) If the sentence as determined by the Transferring Party 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 domestic law for a similar offence. When adapting the sentence:

(a) the Receiving Party shall be bound by the findings of facts insofar as they appear from the judgment imposed by the Transferring Party;

(b) the Receiving Party shall not adapt a penalty of deprivation of liberty to a pecuniary penalty;

(c) the adapted sentence shall, as far as possible, correspond with that imposed by the sentence in the Transferring Party;

(d) the adapted sentence shall be no more severe than that imposed by