Document ID: chunk:federal_register_of_legislation:F2016L00535:schedule:1:p4
Version: federal_register_of_legislation:F2016L00535
Segment Type: schedule
Provision Reference: sch 1 (pt 4/7)
Character Range: 12160–15154

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 already decided that it will not agree to the transfer:

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

         (b)                a copy of the relevant law and 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 State, or would constitute such essential elements of a criminal offence if committed within the jurisdiction of the receiving State, on the day of receipt of the request for transfer, unless the condition in Article 4(a) has been waived;

         (c)                a statement describing how the sentenced person's sentence would be enforced by the receiving State in accordance with the continued enforcement method (Article 10), including any adaptation made to the sentence and potential entitlements to remissions or early release;

         (d)                a statement that the sentenced person will not be tried or sentenced in the receiving State for the acts or omissions on account of which the sentence was imposed in the transferring State and shall not be detained for those acts or omissions except in accordance with this Agreement; and

         (e)                as far as possible, any other additional information relevant to the potential transfer requested by the transferring State.

(7)               Delivery of the sentenced person by the authorities of the transferring State to those of the receiving State shall occur on a date and at a place within the territory of the transferring State as agreed upon by both Contracting States.  The receiving State shall be responsible for the transport of the sentenced person from the transferring State and shall also be responsible for custody of the sentenced person outside the territory of the transferring State.

ARTICLE 7

CONSENT OF THE SENTENCED PERSON

(1)               The transferring State shall take reasonable steps to ensure that the sentenced person consents to the transfer voluntarily and with full knowledge of the legal consequences.  The procedure for giving such consent shall be governed by the law of the transferring State.

(2)               Prior to transfer, the transferring State shall afford an opportunity to the receiving State, if the receiving State so desires, to verify that the sentenced 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