International Transfer of Prisoners Act · 2011 Revised Edition · Part · Transfer to Brunei Darussalam
10. Detention of transferred prisoners
Official textFrom Attorney General's Chambers, unchanged
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.
prisoner
“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
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).
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
transfer
“transfer” means transfer of a prisoner — (a) from a designated country to Brunei Darussalam; or (b) from Brunei Darussalam to a designated country.
nature to that for which he has been convicted, and that court shall sentence him —
on the basis of the conviction by the court in the designated country;
with regard to the nature of the offence;
with regard to any observations made by the convicting court in passing sentence; and
in accordance with the Children and Young Persons Act
(Chapter 219).
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.
A transferred prisoner undergoing a term of imprisonment shall —
imprisonment
“imprisonment” includes — (a) detention of a child or young person in a place of detention referred to in section 51 of the Children and Young Persons Act; (b) detention or confinement following an order issued pursuant to section 317 or 321 of the Criminal Procedure Code; or (c) any other similar form of restraint of liberty that applies in a designated country, but does not include, in Brunei Darussalam, any person detained under the Internal Security Act, the Criminal Law (Preventive Detention) Act or any other written law relating to preventive detention;
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
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.
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).
Terms defined in s 2
designated country
Defined · s 2“designated country” means a country designated in accordance with section 3(1);
imprisonment
Defined · s 2“imprisonment” includes — (a) detention of a child or young person in a place of detention referred to in section 51 of the Children and Young Persons Act; (b) detention or confinement following an order issued pursuant to section 317 or 321 of the Criminal Procedure Code; or (c) any other similar form of restraint of liberty that applies in a designated country, but does not include, in Brunei Darussalam, any person detained under the Internal Security Act, the Criminal Law (Preventive Detention) Act or any other written law relating to preventive detention;
prisoner
Defined · s 2“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
transfer
Defined · s 2“transfer” means transfer of a prisoner — (a) from a designated country to Brunei Darussalam; or (b) from Brunei Darussalam to a designated country.