Section 6
Request for transfer
of International Transfer of Prisoners Act
(1)
Where the Minister has been informed by the responsible authority of a designated country that —
(a)
a prisoner has applied for a transfer to Brunei Darussalam and that that country has agreed to such transfer; or
(b)
that country requests such transfer and the prisoner consents thereto,
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the Minister shall, after consultation with the Attorney General and subject to section 5, determine whether or not he agrees to the transfer.
(2)
The Minister shall not, save in exceptional circumstances, agree to a transfer where less than 6 months of the sentence remain to be served.
(3)
The Minister shall —
(a)
inform the responsible authority of the designated country of his decision; and
(b)
if he agrees to the transfer, direct that a warrant in Form 1 in the Schedule be issued for that purpose.
(4)
The Minister may, on receipt of an application under subsection (1), require the designated country to provide him with such evidence as he requires to show that —
(a)
the prisoner has applied for or consented to such transfer; or
(b)
where it appears to the Minister that the prisoner is incapable of acting for himself by reason of his physical or mental condition or his youth, a person who is the lawful guardian or representative of the prisoner has made the application for or has consented to the transfer on his behalf.
(5)
Where a prisoner applies in writing to the Minister for a transfer to Brunei Darussalam, the Minister shall, after consultation with the
Attorney General, determine whether or not a request for transfer shall be made to the designated country.
(6)
The Minister shall not, save in exceptional circumstances, request for or consent to a transfer, where the prisoner still has a term of less than 6 months of his sentence to serve.
(7)
Where the designated country to which Brunei Darussalam has made the request agrees to the transfer, the Minister shall issue a warrant in
Form 2 of the Schedule for the purpose of the transfer.
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(8)
A warrant issued under subsection (3) or (7) shall, subject to this
Act, authorise —
(a)
the transfer of the prisoner from the designated country to
Brunei Darussalam;
(b)
the transfer of the prisoner by an authorised person to such place of detention as may be designated in the warrant; and
(c)
the detention of the prisoner in accordance with such a provision as may be contained in the warrant, being provisions appearing to the Minister to be appropriate for giving effect to the arrangements in accordance with which the prisoner is transferred.
(9)
Notwithstanding subsection
(1)
, where a citizen of
Brunei Darussalam, having been charged with an offence in a designated country, has been —
(a)
ordered by a court of that country to be detained because he has been found to be insane and unfit to stand trial or to be a mentally disordered or mentally defective offender; or
(b)
found guilty of the offence but was insane at the time of the commission of the offence, that person may be transferred to Brunei Darussalam at the request of the responsible authority of that country and with the consent of the Minister or at the request of the Minister and with the consent of the responsible authority of that country.
(10)
An application under subsection (1) or (5) or a request under subsection (9) shall be accompanied by the following particulars —
(a)
the name, place and date of birth or, if the date of birth is not known, the approximate age of the prisoner;
(b)
the prisoner’s address, if any, in Brunei Darussalam;
(c)
a certified copy of the judgment or other order of the court, together with a copy of the law on which it is based or a statement of that law;
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(d)
a statement of the facts and circumstances upon which the conviction and sentence or other order was based;
(e)
the nature of the sentence, if any, its date of commencement and duration;
(f)
where appropriate, any medical or other report pertaining to the prisoner, including a report of his treatment in the designated country together with any recommendation for further treatment in
Brunei Darussalam;
(g)
a document or statement indicating that the prisoner is a citizen of, is ordinarily resident in, or has close ties with,
Brunei Darussalam;
(h)
a copy of the relevant law of the designated country which provides that the acts on account of which the sentence has been imposed in the designated country constitute a criminal offence according to the law of the designated country, or would constitute a criminal offence if committed on its territory; and
(i)
any other information which the Minister may require to enable him to consider the desirability of a transfer.
(11)
The Minister shall cause the prisoner to be informed in writing of any action taken on a request for transfer.