Skip to content
bruneilawsby aturio
In force2011 Revised Edition
Contents

Part · Transfer from Brunei Darussalam

13. Transfer of foreign prisoners from Brunei Darussalam

(1)

Where an agreement between Brunei Darussalam and a designated country has been, or is deemed to have been, entered into for the transfer of foreign prisoners, the Director of Prisons shall cause every foreign prisoner to be informed in a language which he understands of the purport of the agreement.

(2)

A foreign prisoner undergoing a sentence of imprisonment in

Brunei Darussalam may apply in writing to the Director of Prisons to be transferred to a designated country.

International Transfer of Prisoners 16

(3)

The Minister shall, where he agrees to the transfer, cause to be sent to the responsible authority of the designated country —

(a)

the application made by the foreign prisoner or a certified copy thereof;

(b)

the name, place and date of birth or, if the date of birth is not known, the approximate age of the prisoner;

(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;

(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 foreign prisoner including a report of his treatment in

Brunei Darussalam together with any recommendation for further treatment in the designated country;

(g)

a document or statement indicating that the prisoner is a citizen of, is ordinarily resident in, or has close ties with, the designated country;

(h)

a statement indicating the term of the sentence which has already been served, including information on any pre-trial detention, remission and any other factor relevant to the enforcement of the sentence;

(i)

any other information requested by the designated country.

(4)

Where the designated country agrees to the transfer, the Minister shall issue a warrant in Form 4 in the Schedule authorising the transfer.

International Transfer of Prisoners

(5)

Where a responsible authority makes a request in writing to the

Minister for the transfer of a foreign prisoner to a designated country, the

Minister shall —

(a)

direct the Director of Prisons to ascertain whether the foreign prisoner consents to the transfer and, if so, whether he does so voluntarily and with full knowledge of the legal consequences thereof;

(b)

cause to be sent to the responsible authority —

(i)

particulars and documents of the kind set out in subsection (3);

(ii)

a declaration containing the foreign prisoner’s consent to the transfer;

(c)

where he agrees to the transfer, issue a warrant in Form 4 of the Schedule authorising the transfer.

(6)

A warrant issued under subsection (4) or (5) shall authorise the taking of the foreign prisoner from his place of detention to a place of departure in Brunei Darussalam and his delivery at that place into the custody of the responsible authority of the country to which the foreign prisoner is to be transferred.

(7)

The Director of Prisons shall cause the foreign prisoner to be informed in writing of any action taken on a request for transfer.

Report

Part

General

Read on from Part

Schedules