Transfer of Persons in Custody. 1. A person in custody in the Requested Party shall, at the request of the Requesting Party, be temporarily transferred to the Requesting Party for testimonial purposes, provided that both the person and the Requested Party consent to that transfer.
2. Where the person transferred is required to be kept in custody under the law of the Requested Party, the Requesting Party shall hold that person in custody and shall return the person in custody at the conclusion of the matter in relation to which transfer was sought or at such earlier time as the person’s presence is no longer required.
3. Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person referred to in Article 11.
4. For the purposes of this Article, the person transferred shall receive credit for service of the sentence imposed in the Requested Party for the time served in the custody of the Requesting Party.
Transfer of Persons in Custody. TO GIVE EVIDENCE OR ASSIST IN INVESTIGATIONS
1. The Requested Party may, at the request of the Requesting Party, temporarily transfer a person in custody in its territory to the Requesting Party to give evidence or assist in investigations, provided that the person so consents and the Parties have previously reached a written agreement on the conditions of the transfer.
2. If the person transferred is required to be kept in custody under the laws of the Requested Party, the Requesting Party shall hold that person in custody and shall promptly return the person to the Requested Party as soon as the person’s presence is no longer required in the territory of the Requesting Party.
3. Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person referred to in Article 13.
4. For the purpose of this Article, the person transferred shall receive credit for service of the sentence imposed in the Requested Party for the period of time served in the custody of the Requesting Party.
Transfer of Persons in Custody. 1. A person in custody in the Requested State whose presence is requested in the Requesting State for the purposes of this Treaty shall be transferred from the Requested State to the Requesting State for that purpose, provided the person in custody consents and the Requested State has no reasonable basis to deny the request.
2. The Requesting State shall have the authority and duty to keep the person in custody at all times and return the person to the custody of the Requested State immediately after the execution of the request.
Transfer of Persons in Custody. 1. A person in the custody of the Requested State whose presence in the Requesting State is sought for purposes of assistance under this Treaty shall be transferred from the Requested State for that purpose if the person consents and if the Central Authorities of both States agree.
2. A person in the custody of the Requesting State whose presence in the requested State is sought for purposes of assistance under this Treaty may be transferred from the Requesting State to the Requested State if the person consents and if the Central Authorities of both States agree.
3. For the purposes of this Article:
a) the receiving State shall have the authority and the obligation to keep the person transferred in custody unless otherwise authorized by the sending State;
b) the receiving State shall return the person transferred to the custody of the sending State as soon as circumstances permit or as otherwise agreed by both Central Authorities;
c) the receiving State shall not require the sending State to initiate extradition proceedings for the return of the person transferred; and
d) the person transferred shall receive credit for service of the sentence imposed in the sending State for time served in the custody of the receiving State.
Transfer of Persons in Custody. 1. A Requesting State may seek the temporary transfer of persons in custody in the Requested State for purposes of assistance under this Treaty.
2. A person in the custody of the Requested State whose presence is needed in the Requesting State for purposes of assistance under this Treaty, shall be transferred to the Requesting
3. A person in the custody of the Requesting State whose presence in the Requested State is needed for purposes of assistance under this Treaty may be transferred to the Requested State for that purpose if the person consents and if the Central Authorities of both Contracting States agree.
4. For the purpose of this Article-
(a) the receiving State shall have the authority and the obligation to keep the per- son transferred in custody unless otherwise authorised by the sending State;
(b) the receiving State shall return the person transferred to the custody of the sending State as soon as circumstances permit or as otherwise agreed by both Central Authorities;
(c) the receiving State shall not decline on the basis of nationality to return a per- son transferred nor require the sending State to initiate extradition proceedings for the return of the person transferred; and
(d) the person transferred shall receive credit for service of the sentence imposed in the sending State for the time served while in the custody of the receiving State.
Transfer of Persons in Custody. 1. A person in the custody of the Requested State whose presence in the Requesting State or in a third State is sought for purposes of assistance under this Treaty shall be transferred from the Requested State to the Requesting State or to the third State for that purpose if the person consents and if the Central Authorities of both States agree.
2. A person in the custody of the Requesting State whose presence in the Requested State is sought for purposes of assistance under this Treaty may be transferred from Requesting State to the Requested State if the person consents and if the Central Authorities of both States agree.
3. For purposes of this Article:
(a) the receiving State shall have the authority and the obligation to keep the person transferred in custody unless otherwise agreed by both Central Authorities;
(b) the receiving State shall return the person transferred to the custody of the sending State as soon as circumstances permit or as otherwise agreed by both Central Authorities; the receiving State shall not require the sending State to initiate extradition or I’ time served in the custody of the receiving State by the person transferred shall be credited toward the service of the sentence imposed in the sending State and
Transfer of Persons in Custody. (1) A person in custody in the Requested Party whose presence is requested in the Requesting Party for the purposes of providing assistance pursuant to this Agreement shall, if the Requested Party consents, be transferred from the Requested Party to the Requesting Party for that purpose, provided the person consents and the Requesting Party has guaranteed the maintenance in custody of the person and his subsequent return to the Requested Party.
(2) Where the sentence of imprisonment of a person transferred pursuant to this Article expires while the person is in the Requesting Party the Requested Party shall so advise the Requesting Party which shall ensure the person's release from custody. Such person shall thereafter be treated as a person referred to in Article XV of this Agreement.
Transfer of Persons in Custody. 1. A person in custody in the Requested Party whose appearance is requested in the Requesting Party for the purposes of providing assistance pursuant to this Agreement shall, subject to paragraph 2, be transferred from the Requested Party to the Requesting Party for that purpose, provided that the Requesting Party has guaranteed the maintenance in custody of the person and his or her subsequent return to the Requested Party.
2. Transfer may be refused if:
(a) the person in custody does not consent to appear;
(b) his or her presence is required for an investigation or proceeding underway in the Requested Party;
(c) the transfer is likely to prolong detention; or
(d) there are other overriding grounds against transfer.
Transfer of Persons in Custody. 1. A person in the custody of the Requested Party, who is required to appear in court proceedings or to assist in investigations, as a witness, pursuant to this Agreement shall be transferred from the Requested party to the Requesting Party, provided the Requested Party and the person concerned consent and the Requesting Party has guaranteed the maintenance in custody of the person and his subsequent return to the Requested Party. .
2. Where the sentence of imprisonment of a person transferred pursuant to this Article expires whilst the person is in the custody of the Requesting Party, the Requested Party shall so advise the Requesting party which shall ensure that person’s release from custody.
3. Consequent to his release and if his presence in the territory of the Requesting Party is still required in connection with the purpose of the original transfer, that person, subject to his consent, shall be treated as a person transferred under Article 15.
Transfer of Persons in Custody. Article 15 is substantially the same as Article XV of the model agreement.
