Section 3A: Conditions for transfer

3A. Conditions for transfer (1) Subject to subsection (2), no prisoner shall be transferred under this Act unless— (a) he is a national of, is ordinarily resident in, or has close ties with, the designated country to which he is to be transferred; (b) the judgment imposing the sentence which he is serving is final; (c) at the time of receipt of the request for transfer, he still has not less than 6 months of the sentence to serve or the sentence is indeterminate; (d) he consents to the transfer or, where he is, by reason of his physical or mental condition or his youth, incapable of acting for himself, a person appearing to the Minister to be the appropriate person to consent on behalf of the prisoner, has given the prisoner’s consent on his behalf; (e) the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the designated country to which the prisoner is to be transferred or would constitute a criminal offence if committed on its territory; and (f) both Mauritius and the designated country agree to the transfer. (2) In exceptional cases, a transfer may be agreed to where the term to be served by the prisoner is less than 6 months. [S. 3A inserted by s. 3 of Act 39 of 2003 w.e.f. 28 November 2003; Reprint 1 of 2004.]