International Transfer of Prisoners Act · 2011 Revised Edition · Part · Preliminary
3. Application
Official textFrom Attorney General's Chambers, unchanged
Where an agreement has been, or is deemed to have been, entered into between Brunei Darussalam and a foreign State for the transfer of prisoners or the enforcement of sentences, the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, designate that country as a country to which this Act shall, subject to subsection (2), apply.
agreement
“agreement” includes a treaty which has been entered into with a foreign State for the transfer of prisoners;
An order made under subsection (1) may provide that this Act applies in relation to that country subject to such limitations, conditions, exceptions, adaptations, modifications or other provisions as may be specified in the order.
Where a Commonwealth country notifies the Commonwealth
Secretary-General that it has enacted legislation to give effect to the Scheme, that notification is deemed to be an agreement entered into between Brunei
Scheme
“Scheme” means the Scheme for the Transfer of Convicted Offenders within the Commonwealth;
Darussalam and that country.
For the purpose of this section, the government of a designated country may request or so notify the Commonwealth Secretary-General that a territory whose external relations is the responsibility of that country be treated as —
designated country
“designated country” means a country designated in accordance with section 3(1);
a part of that country; or
a separate country.
This Act applies to any prisoner who is already serving a sentence of imprisonment on the date when its provisions are extended, pursuant to this section, to the country of which he is a citizen.
prisoner
“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
Terms defined in s 2
agreement
Defined · s 2“agreement” includes a treaty which has been entered into with a foreign State for the transfer of prisoners;
designated country
Defined · s 2“designated country” means a country designated in accordance with section 3(1);
foreign State
Defined · s 2“foreign State” includes a Commonwealth country which has not notified the Commonwealth Secretary-General that it has enacted legislation to give effect to the Scheme;
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;
Scheme
Defined · s 2“Scheme” means the Scheme for the Transfer of Convicted Offenders within the Commonwealth;
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.
Part
Transfer of Prisoners
Part
Transfer to Brunei Darussalam
Part
Transfer from Brunei Darussalam
Part