Section 8: Request for transfer of detained persons to Mauritius

8. Request for transfer of detained persons to Mauritius (1) Where a foreign State or an international criminal tribunal grants a request made by Mauritius under section 4 (2) (l), the Central Authority may, by written notice addressed to the Commissioner of Prisons, authorise— (a) the temporary detention in Mauritius, for such period as may be specified in the notice, of a person detained in a foreign State, or by an international criminal tribunal, who is to be transferred to Mauritius; and (b) the return in custody of the person to the foreign State, or international criminal tribunal, when his presence is no longer required. (2) A person in respect of whom a notice is issued under subsection (1) shall, so long as the notice is in force— (a) be permitted to enter and remain in Mauritius for the purposes of the request, and be required to leave Mauritius when no longer required for those purposes; and (b) while in custody in Mauritius for the purposes of the request, be deemed to be in lawful custody for the purposes of section 170 of the Criminal Code. M69 – 11 [Issue 1] Mutual Assistance in Criminal and Related Matters Act (3) The Central Authority may, at any time, vary a notice issued under subsection (1), and where the foreign State, or the international criminal tribunal, agrees to the release of the person from custody, either immediately or on a specified date, the Central Authority shall direct that the person be released from custody accordingly. (4) Any person who escapes from lawful custody while in Mauritius pursuant to subsection (1) may be arrested without warrant and returned to the custody authorised under subsection (1) (a).