Section 8: Detention of transferred offenders

8. Detention of transferred offenders (1) Subject to this section, a transferred offender who has been sentenced to a term of imprisonment shall be detained in a prison or such other institution as the Minister may direct for the unexpired portion of his sentence. (2) (a) A transferred offender sentenced to a term of imprisonment who would, if he had been convicted in Mauritius, have been treated by reason of his age as a young offender within the meaning of the Juvenile Offenders Act and sentenced accordingly, shall be dealt with as his age dictates in accordance with paragraph (b). (b) An offender to whom paragraph (a) applies shall, pursuant to a warrant in the prescribed form under the hand of the Minister, be produced before the Court having jurisdiction to try an offence of a similar nature to that for which he has been convicted, and that Court shall sentence him— (i) on the basis of the conviction by the Court in the designated country; (ii) with regard to the nature of the offence; (iii) with regard to any observations made by the convicting Court in passing sentence; and (iv) in accordance with the Juvenile Offenders Act. (3) A transferred offender referred to in section 4 (4) shall be detained in accordance with the law of Mauritius relating to such offenders. [Issue 1] T19 – 8 Revised Laws of Mauritius (4) (a) A transferred offender sentenced to a term of imprisonment shall— (i) be credited with any remission of that term to which he had become entitled at the date of his transfer in accordance with the law relating to remission of prison sentences in the designated country; and (ii) thereafter be eligible to earn remission of that term as if he had been sentenced to a term of imprisonment of the same length by a Court in Mauritius. (b) Any remission of imprisonment referred to in paragraph (a) (i) shall be liable to forfeiture for a disciplinary offence as if it were remission earned by virtue of paragraph (a) (ii).