Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 6] [Entire Act]

Union of India - Subsection

Section 6(6) in Agreement Between the Government of the Republic of India and the Government of Australia Concerning Transfer of Sentenced Persons

(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 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 (Article10), including any adaptation made to the sentence and potential entitlements to remissions for early release;
(d)a Statement that the sentenced person will not be tried or sentenced in the receiving State for the acts or omission on account of which the sentence was enforced in the transferring State and shall not be detained for those acts or omission 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.