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Section 13: Cost of transfer of offenders

Transfer Of Prisoners Act · PART IV: GENERAL

consolidated text (as at 2003). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Cost of transfer of offenders (1) Subject to this section, the cost of the transfer of a prisoner under this Act shall be met by Mauritius and by the designated country in such proportion as may be agreed upon by them. (2) (a) Subject to subsection (3), in the case of a transfer of an offender to Mauritius, the expenses of such transfer shall be borne by such offender or by someone on his behalf, and for this purpose the Minister shall have the power to require a person with or without a surety to give an undertaking to pay the expenses to the Minister. (b) Any expenses referred to in paragraph (a) shall be regarded as a civil debt owed to the Government of Mauritius. (3) Subsection (2) shall not apply where it appears to the Minister that it would be unreasonable for him to exercise the power conferred by that subsection because— (a) of the exceptional circumstances of the case; or (b) the means of such offender are insufficient to meet the expenses, and their recovery, whether immediately or at some future time, from such offender or from any other source, is impracticable.

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