Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 14 Transfer of Persons in Custody to Give Evidence or to Assist in Investigations

1. Upon request, a person in custody in the requested State shall be temporarily transferred to the requesting State to assist in investigations or to testify, provided that the person consents.

2. When under the law of the requested State it is required to keep the person transferred in custody, the requesting State shall hold that person in custody and shall return that person in custody at the conclusion of the execution of the request.

3. The period during which the person transferred is in custody in the requesting State shall be deemed to be service in the requested State of an equivalent period of custody in that State for all purposes.

4. When the sentence imposed expires, or where the requested State advises the requesting State 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 present in the requesting State pursuant to a request seeking that person’s attendance.

5. The fact that the person transferred is a national of the requesting State shall not affect any obligation of that State under this Treaty to return that person to the requested State.

6. The return to the requested State pursuant to this Article of a person transferred under this Article shall not require extradition proceedings.

7. A person in custody whose transfer is the subject of a request and who does not consent to the transfer shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting or the requested State.