13. (1) A judgment to which an application relates may not be forwarded to an executing state without the consent in writing of the sentenced person unless—

(a) the sentenced person is a national of the executing state and he or she lives in that state,

(b) the sentenced person will be sent to the executing state upon release from the enforcement of the sentence to which the judgment relates in accordance with an order included in, or ancillary to, the judgment, or

(c) the sentenced person fled, or otherwise returned, to the executing state—

(i) in circumstances in which the criminal proceedings to which the application relates were pending in the State against him or her, or

(ii) before he or she commenced serving the sentence imposed by a court in the State to which the application relates.

(2) Where a sentenced person is, because of his or her age or physical or mental condition, incapable of giving his or her consent under subsection (1), the legal representative of the sentenced person or any other person considered by the Minister to be an appropriate person for that purpose may give the consent required under subsection (1).