Section 10: Transfer of offenders from Mauritius

10. Transfer of offenders from Mauritius (1) Where an agreement between Mauritius and a designated country has been, or is deemed to have been, entered into for the transfer of foreign offenders, the Commissioner of Prisons shall cause every such offender to be informed in a language which he understands of the purport of the agreement. (2) (a) A foreign offender may apply in writing to the Commissioner of Prisons to be transferred to a designated country. T19 – 9 [Issue 1] Transfer of Prisoners Act (b) The Minister shall, where he agrees to the transfer, cause to be sent to the responsible authority of the designated country— (i) the application made by the foreign offender or a certified copy thereof; (ii) particulars of the kind set out in section 4 (5); and (iii) a statement indicating the term of the sentence which has already been served, including information on any pre-trial detention, remission and any other factor relevant to the enforcement of the sentence. (3) Where the designated country agrees to the transfer, the Minister shall issue a warrant in the prescribed form authorising the transfer. (3A) Where a responsible authority makes a request in writing to the Minister for the transfer of a foreign offender to a designated country, the Minister shall— (a) cause the Commissioner of Prisons to ascertain whether the foreign offender consents to the transfer and, if so, whether he does so voluntarily and with full knowledge of the legal consequences thereof; (b) cause to be sent to the responsible authority— (i) particulars of the kind set out in section 4 (5) and subsection (2) (b) (iii); (ii) a declaration containing the foreign offender’s consent to the transfer; (c) where he agrees to the transfer, issue a warrant in the prescribed form authorising the transfer. (4) A warrant issued under subsection (3) or (3A) shall authorise the taking of the offender from his place of detention to a place of departure in Mauritius and his delivery at that place into the custody of the responsible authority of the country to which the offender is to be transferred. (5) The Commissioner of Prisons shall cause the offender to be informed in writing of any action taken on a request for transfer. [S. 10 amended by s. 6 of Act 39 of 2003 w.e.f. 28 November 2003; Reprint 1 of 2004.] PART IV – GENERAL