Section 6: Effect of transfer

6. Effect of transfer (1) Where an offender is transferred to Mauritius, a conviction and sentence recorded by the Court in the designated country from which he was transferred shall, subject to subsection (2), be deemed for all purposes to be a conviction recorded and a sentence imposed by a Court of competent jurisdiction in Mauritius. (2) Subject to subsection (3), the conviction of, and the sentence imposed upon, a transferred offender shall not be subject to any appeal or to any form of review in Mauritius. (3) Where a sentence imposed upon a transferred offender is, by its nature or duration, incompatible with the law of Mauritius, he may apply to the Judge in Chambers for a variation of the sentence to accord with the law of Mauritius, and the Judge shall, after hearing the application, grant such relief as he considers appropriate having regard to all the circumstances. (4) Where the Judge in Chambers decides to vary the sentence imposed— (a) he shall be bound by the findings of the facts as they appear from the judgment imposed in the designated country; (b) he shall not convert a sanction involving deprivation of liberty to a pecuniary sanction; (c) he shall deduct the full period of deprivation of liberty served by the offender; (d) he shall not be bound by any minimum term of imprisonment which the law of Mauritius provides for the offence or offences committed. [S. 6 amended by s. 5 of Act 39 of 2003 w.e.f. 28 November 2003; Reprint 1 of 2004.] T19 – 7 [Issue 1] Transfer of Prisoners Act