Transfer of Persons in Custody Clause Samples

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 to assist in investigations or proceedings, 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 laws 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 execution of the request. 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 purpose 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. 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. 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 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 to the Requesting 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 presences 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 purposes of this Article- (a) the receiving State shall have the authority and the obligation to keep the person 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 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 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 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 the 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 [*30] 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; (c) the receiving State shall not require the sending State to initiate extradition or any other 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. (e) where the receiving State is a third State, the Requesting State shall make all arrangements necessary to meet the requirements of this paragraph.

Transfer of Persons in Custody. Article 15 is substantially the same as Article XV of the model agreement.

Transfer of Persons in Custody. 1. A person in the custody of one Party whose presence in the territory of the other Party is sought for purposes of assistance under this Treaty shall be transferred for those purposes if the person and the Central Authorities of both Parties consent. 2. For the purposes of this Article: (a) the receiving Party shall have the authority and the obligation to keep the person transferred in custody unless otherwise authorised by the sending Party; (b) the receiving Party shall return the person transferred to the custody of the sending Party as soon as circumstances permit and in any event no later than the date upon which the person would have been released from custody in the territory of the sending Party, unless otherwise agreed by both Central Authorities and the person transferred; (c) the receiving Party shall not require the sending Party 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 Party for time served in the custody of the receiving Party.

Transfer of Persons in Custody. 1. A person in the custody of one Party whose presence in the territory of the other Party is sought for the purpose of providing assistance under this Treaty shall be transferred for that purpose if the person and both Parties consent. 2. For the purposes of this Article: (a) the Requesting Party shall be responsible for the safety of the person transferred and shall have the authority and the obligation to keep the person transferred in custody unless otherwise authorised by the Requested Party; (b) the Requesting Party shall return the person transferred to the custody of the Requested Party as soon as circumstances permit and in any event no later than the date upon which he would have been released from custody in the territory of the Requested Party, unless otherwise agreed by both Central Authorities and the person transferred; and (c) the Requesting Party shall not require the Requested Party to initiate extradition proceedings for the return of the person transferred.