Section 8
Effect of transfer
of International Transfer of Prisoners Act
(1)
Where a prisoner is transferred to Brunei Darussalam, a conviction and sentence recorded by the court in the designated country from which he was transferred shall, subject to subsection (2), be deemed for all purposes to be a conviction recorded and a sentence imposed by a court of competent jurisdiction in Brunei Darussalam.
(2)
Subject to subsection (3), the conviction of, and the sentence imposed upon, a transferred prisoner shall not be subject to any appeal or to any form of review in Brunei Darussalam.
(3)
Where a sentence imposed upon a transferred prisoner is by its nature or duration, incompatible with the laws of Brunei Darussalam, he may apply to the High Court for a variation of the sentence to accord with the laws of Brunei Darussalam, and the Court may, after hearing the application, grant such relief as it considers appropriate having regard to all the circumstances.
(4)
The proceedings in subsection (3) shall be in chambers and the
Public Prosecutor may appear with leave of court.
(5)
Where the Court decides to vary the sentence imposed —
(a)
it shall be bound by the findings of fact as they appear from the judgment imposed in the designated country;
(b)
it shall not convert a sanction involving deprivation of liberty to a pecuniary sanction;
(c)
it shall deduct the full period of deprivation of liberty served by the prisoner;
International Transfer of Prisoners
B.L.R.O. 6/2023 13
(d)
it shall not be bound by any minimum term of imprisonment which the law of Brunei Darussalam provides for the offence or offences committed.