Section 10
Detention of transferred prisoners
of International Transfer of Prisoners Act
(1)
Subject to this section, a transferred prisoner shall be detained in a prison or such other institution as the Minister may direct for the unexpired portion of his sentence.
(2)
A transferred prisoner who is a child or young person within the meaning of the Children and Young Persons Act (Chapter 219) shall be dealt with as his age dictates in accordance with subsection (3).
(3)
A prisoner to whom subsection (2) applies shall, pursuant to a warrant in Form 3 in the Schedule issued under the hand of the Minister, be produced before the court having jurisdiction to try an offence of a similar
International Transfer of Prisoners 14
nature to that for which he has been convicted, and that court shall sentence him —
(a)
on the basis of the conviction by the court in the designated country;
(b)
with regard to the nature of the offence;
(c)
with regard to any observations made by the convicting court in passing sentence; and
(d)
in accordance with the Children and Young Persons Act
(Chapter 219).
(4)
A transferred prisoner referred to in section 6(9) shall be detained or confined in accordance with the law of Brunei Darussalam relating to such offenders.
(5)
A transferred prisoner undergoing a term of imprisonment shall —
(a)
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
(b)
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 Brunei Darussalam.
(6)
Any remission of imprisonment referred to in subsection (5)(a)
is liable to forfeiture for a disciplinary offence as if it were remission earned by virtue of subsection (5)(b).