S.L. 9.17 Art. 8Consent and opinion of sentenced person. [

(1) Saving the provisions of sub-regulation (2), a judgment together with the certificate shall only be transmitted to the executing State with the consent of the sentenced person.

(2) The consent of the sentenced person shall not be required where the judgment together with the certificate is forwarded:

(a) to the Member State of nationality in which the sentenced person habitually resides; or

(b) to the Member State to which the sentenced person will be deported once he or she is released from the enforcement of the sentence on the basis of an S.L.9.17 IN THE EUROPEAN UNION)

expulsion or deportation order included in the judgment or in a judicial or administrative decision or any other measure consequential to the judgment; or

(c) to the Member State to which the sentenced person has fled or otherwise returned in view of the criminal proceedings pending against him in the issuing State or following the conviction in that issuing State.

(3) (a) Where the sentenced person is still in the issuing State, the said person shall be given an opportunity to state his opinion orally or in writing. Where the issuing State considers it necessary in view of the sentenced person’s age or his physical or mental condition, that opportunity shall be given to the person vested with legal representation of the sentenced person.

(b) The opinion of the sentenced person shall be taken into account by the issuing State when deciding the issue of forwarding the judgment together with the certificate. Where the person has availed himself of the opportunity provided for in this sub-regulation, that opinion shall be forwarded to the executing State. If the sentenced person stated his opinion orally, the issuing State shall ensure that the written record of such statement is available to executing State.

(4) The competent authority of the issuing State shall inform the sentenced person, in a language which he understands, that it has decided to forward the judgment together with the certificate by using the standard form of the notification set out in Schedule III. When the sentenced person is in the executing State at the time of that decision, that form shall be transmitted to the executing State which shall inform the sentenced person accordingly.