Section 39: Enforcement of sentence of imprisonment
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
39. Enforcement of sentence of imprisonment
(1) Where the International Criminal Court, in terms of paragraph 1 of
Article 103 of the Statute, designates Mauritius as a State in which a person
upon whom the International Criminal Court has imposed a sentence of
imprisonment shall serve that sentence, it shall inform the Attorney-General
as soon as possible of such designation.
(2) The Attorney-General may accept the International Criminal Court’s
designation on such conditions as he thinks fit and inform the International
Criminal Court accordingly.
(3) (a) Where the International Criminal Court accepts any such conditions, any person on whom the International Criminal Court has imposed a
sentence of imprisonment shall, subject to Article 104, paragraph (b) of the
Statute, be committed to a prison in Mauritius and a warrant for his detention lawfully issued by the International Criminal Court shall be deemed to be
a valid warrant for the purposes of the Reform Institutions Act.
(b) Where the International Criminal Court decides to transfer a sentenced person referred to in paragraph (a) to a prison of another State, the
Attorney-General shall, in consultation with the Commissioner of Prisons,
arrange for the removal of that person from Mauritius in the custody of a
person authorised by the International Criminal Court and section 19 shall
apply to that person.
(4) (a) Subject to Articles 105 and 106 of the Statute, a person referred
to in subsection (3) shall be subject to the Reform Institutions Act.
(b) A sentence of imprisonment referred to in subsection (3) (a) may
only be modified by the relevant authorities in Mauritius at the request of the
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Revised Laws of Mauritius
International Criminal Court, as a result of an appeal by the person serving
the sentence to or review by, the International Criminal Court in terms of its
Rules.
(c) The State shall, as far as possible, ensure that communications
between persons serving a sentence referred to in subsection (3) (a) and the
International Criminal Court can take place freely and confidentially.
PART VIII – MISCELLANEOUS