International Transfer of Prisoners Act · s 5

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s 5Conditions for transfer

(1)

Subject to subsection (2), no prisoner shall be transferred under this Act unless —

(a)

he is a citizen of, is ordinarily resident in, or has close ties with, Brunei Darussalam or the designated country to or from which he is to be transferred;

(b)

the judgment imposing the sentence which he is serving is a final judgment;

(c)

at the time of receipt of the request for transfer, he still has not less than 6 months of the sentence to serve or the sentence is indeterminate;

(d)

he consents to the transfer or, where he is incapable of acting for himself by reason of his physical or mental condition or his youth, a person who is his lawful guardian or representative consents on his behalf;

(e)

both Brunei Darussalam and the designated country agree to the transfer.

(2)

In exceptional cases, a transfer may be agreed to where the term to be served by the prisoner is less than 6 months.