Revised Laws of Saint Lucia (2023)

ARTICLE 4
PROCEDURE FOR TRANSFER

1.     Any prisoner to whom this Agreement may apply shall be informed by the transferring State of the substance of this Agreement.

2.     If the transferring State is prepared, in principle, to approve any prisoner's request for transfer, it shall provide the receiving State with the following information —

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   (a)     the name, date and place of birth of the prisoner;

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   (b)     the nature, duration and date of commencement of the sentence that has been imposed;

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   (c)     a statement of the facts upon which the sentence was based;

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   (d)     a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission and any other factor relevant to the enforcement of the sentence;

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   (e)     a certified copy of the judgment in respect of which he is serving a sentence and information about the law on which it is based;

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   (f)     if appropriate, a medical or social report on the prisoner, information about his treatment in the transferring State and any recommendation for his further treatment in the receiving State.

3.     If the receiving State, having considered the information which the transferring State has supplied, is willing to consent to the prisoner's transfer, it shall furnish the transferring State with the following —

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   (a)     a statement indicating that the prisoner is a national of that State for the purposes of this Agreement;

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   (b)     a copy of the relevant law of the receiving State which provides that the acts or omissions on account of which the sentence has been imposed in the transferring State constitute a criminal offence according to the law of the receiving State, or would constitute a criminal offence if committed on its territory;

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   (c)     a statement of the effect, in relation to the prisoner, of any law or regulation relating to that person's detention in the receiving State after that person's transfer, including a statement, if applicable, of the effect of paragraph 2 of Article 8 of this Agreement upon that person's transfer.

4.     Transfer of the prisoner from the custody of the authorities of the transferring State into the custody of the authorities of the receiving State shall take place on the territory of the transferring State.