Section 9: Parole and pardon
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.
9. Parole and pardon
(1) Where a transferred offender has, before his transfer, been released
on parole in the designated country in which he was convicted and sentenced, and that parole was subsequently revoked, the time spent on parole
shall count towards the completion of his sentence in Mauritius.
(2) A transferred offender who is, at the date of his transfer, on parole in
the designated country in which he was convicted and sentenced shall, upon
transfer to Mauritius, be treated as a person on parole, notwithstanding that
such an offender might not be eligible for parole under the law of Mauritius.
(3) A breach of any condition of parole or of a conditional pardon shall
render the offender liable to the same consequences as if he had been
granted respite, or had been conditionally pardoned, in accordance with the
law of Mauritius.
(4) Nothing in this Act shall be so construed as to limit the President's
prerogative of mercy provided for in section 75 of the Constitution.
(5) Where the prerogative of mercy has been exercised in a designated
country in respect of a transferred offender, any pardon granted pursuant
thereto shall, to the extent to which that prerogative is exercised, have
effect as if it were a pardon granted by the President to the transferred
offender in terms of section 75 of the Constitution.
PART III – TRANSFER FROM MAURITIUS