Section 2: Interpretation

2. Interpretation (1) In this Act— “agreement” includes a treaty which has been entered into with a foreign State for the transfer of prisoners; “application” means an application by a person pursuant to section 4 or 10, as the case may be; “Convention” means the Convention on the Transfer of Sentenced Persons adopted in Strasbourg on 23 March 1983 by the Committee of Ministers of the Council of Europe; “designated country” means a country designated in accordance with section 3; “foreign offender”— (a) means a person who— (i) is not a citizen of Mauritius; T19 – 1 [Issue 1] Transfer of Prisoners Act (ii) is a citizen of, or is ordinarily resident in, or appears to the Minister to have close ties with, a designated country; and (iii) has been convicted and sentenced in Mauritius to— (A) a term of imprisonment of which the unexpired portion at the time that an application is made is not less than 6 months; or (B) an indeterminate period of imprisonment; and (b) includes a foreign offender released on licence from such a sentence; “foreign State” includes a Commonwealth country which has not notified the Commonwealth Secretary-General that it has enacted legislation to give effect to the Scheme; “imprisonment” includes— (a) placement of a juvenile in a place of detention referred to in section 25 of the Juvenile Offenders Act; (b) confinement following an order issued pursuant to section 115 of the Criminal Procedure Act; (c) any other similar form of restraint of liberty that applies in a designated country; “Minister” means the Prime Minister; “offender”— (a) means a person who— (i) is a citizen of Mauritius or a person whose transfer appears to the Minister to be appropriate, having regard to any close ties that person may have with Mauritius; and (ii) has been convicted and sentenced in a designated country to— (A) a term of imprisonment of which the unexpired portion at the time that an application is made is not less than 6 months; or (B) an indeterminate period of imprisonment; (b) includes an offender released on licence from such sentence; “prisoner” means a foreign offender or an offender; “release on licence” means release in accordance with— (a) Part V of the Reforms Institutions Act; or (b) a similar system of conditional release from imprisonment operating in a designated country; [Issue 1] T19 – 2 Revised Laws of Mauritius “responsible authority”— (a) means the person responsible under the law of a designated country for administering the transfer of offenders to and from that country; and (b) includes a person to whom that person's duties and powers have been lawfully delegated; “Scheme” means the Scheme for the Transfer of Convicted Offenders within the Commonwealth agreed by Law Ministers at their 1986 Meeting in Harare; “transfer” means transfer— (a) from a designated country to Mauritius; or (b) from Mauritius to a designated country. (2) In determining whether or not a person has close ties with a country, the Minister shall take into account— (a) whether or not he was born in that country or is descended from persons who were born in that country; (b) whether or not he has resided in that country and, if so, for how long; (c) whether or not he has any relatives by birth or marriage in that country, and if so, the degree of relationship; (d) any cultural or religious ties he may have with that country. [S. 2 reprinted by Reprint 5 of 2001.]