juris

Section 9: Parole and pardon

Transfer Of Prisoners Act · PART II: TRANSFER TO MAURITIUS

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

Ask juris about this section Official source