Section 10: Foreign request for consensual transfer of detained persons from Mauritius

10. Foreign request for consensual transfer of detained persons from Mauritius (1) Where the Central Authority approves a request under section 5 to have a person, who is detained in custody in Mauritius by virtue of a sentence or order of a Court, transferred to a foreign State or to an international criminal tribunal to give evidence, or otherwise assist in any proceedings, he may apply to a Judge in Chambers for a transfer order. (2) The Judge in Chambers may make a transfer order under this section where he is satisfied, after having considered any document filed or information given in support of the application, that the detained person consents to the transfer. (3) A transfer order made under subsection (2) shall— (a) set out the name of the detained person and his current place of confinement; [Issue 1] M69 – 12 Revised Laws of Mauritius (b) order the person who has custody of the detained person to deliver him into the custody of a person designated in the order; (c) order the person receiving him into custody to take him to the foreign State, or to the international criminal tribunal, as the case may be, and, on return of the detained person to Mauritius, to return that person to a place of confinement in Mauritius specified in the order, unless the person is no longer required to be held in custody; (d) state the reasons for the transfer; and (e) fix the time within which the detained person has to be returned. (4) The time spent in custody by a person pursuant to a transfer order shall count toward any sentence required to be served by that person, so long as the person remains in such custody and is of good behaviour.