International Transfer of Prisoners Act · 2011 Revised Edition · Part · Transfer of Prisoners
5. Conditions for transfer
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), no prisoner shall be transferred under this Act unless —
prisoner
“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
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;
the judgment imposing the sentence which he is serving is a final judgment;
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;
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;
both Brunei Darussalam and the designated country agree to the transfer.
In exceptional cases, a transfer may be agreed to where the term to be served by the prisoner is less than 6 months.
transfer
“transfer” means transfer of a prisoner — (a) from a designated country to Brunei Darussalam; or (b) from Brunei Darussalam to a designated country.
Terms defined in s 2
designated country
Defined · s 2“designated country” means a country designated in accordance with section 3(1);
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.
Part
Transfer to Brunei Darussalam
Part
Transfer from Brunei Darussalam
Part