Transfer Of Offenders

(1) The Minister may make an application to an appropriate authority in a specified country, requesting the transfer to that country of any offender who is, or is suspected to be, a citizen of that country.

(2) Notwithstanding the provisions of subsection (1), any offender who claims to be a citizen of a specified country may, through the Commissioner of Prisons, make an application to the Minister, to be transferred to the specified country of which he claims to be a citizen and the Minister may where he considers it appropriate make a request on behalf of such offender under subsection (1) to the appropriate authority of such specified country.

(3) Every application for a request under this section shall be made in such form and be accompanied by such documents as may be prescribed for that purpose.

(4) Where the Minister under subsection (2) makes an application at the request of any offender he shall inform such offender in writing if the action or decision taken by both the Minister and the appropriate authority of the specified country, in relation to his request for a transfer.

(1) No application made to the Minister by an appropriate authority of a specified country for the transfer to Sri Lanka of an offender who claims to be a citizen of Sri Lanka, shall be entertained by the Minister, unless-

(2) Where the Minister by Order, allows an application made under subsection (1), the copy of the order, decision, or Judgment, as the case may be, attached to an application under subsection (1), shall be proof of the facts stated there-In and shall have effect as if it were an order, decision or judgement, as the case may be, imposed by a court of competent jurisdiction in Sri Lanka.

(a) that the offender is a citizen of Sri Lanka or of the specified country, notwithstanding he may also be a citizen of any other country ;

(b) that the order, decision or judgment, as the case may be, by which the sentence of imprisonment was imposed upon the offender, is a final order decision or judgement ;

(c) that at the time the application for the transfer is made the offender concerned has more than six months left to serve of the term of imprisonment imposed was for an unspecified period ;

(d) that the offender consents to the transfer or where, in view of the age or physical or mental status of the offender he is unable to give his consent, the consent is given by any other person who is designated either by the Minister or the appropriate authority of a specified country as being competent to give consent on behalf of the offender;

(e) that both the Minister and the appropriate authority of the specified country, consent to the transfer.

(1) The Minister may, where he considers it appropriate and subject to the provisions of subsection (3), issue a warrant authorizing the transfer out of Sri Lanka to a specified country of any offender.

(2) The warrant to be issued under subsection (1) shall be in the prescribed form under the hand of the Minister.

(3) The Minister shall not issue a warrant under subsection (1) unless he is satisfied that all reasonable step have been taken to inform the offender being transferred in writing, in his own language, of the effect and consequence of such transfer in relation to such offender.

(4) The Minister shall on the date of issuing of a warrant under subsection (1) cause a copy there of to be served on the commissioner of prisons.

(5) A warrant issued under subsection (1) shall be deemed to be sufficient authority for the commissioner of prisons to deliver or cause the delivery of such offender to any person authorized to receive such offender and to keep him in custody and hand him into the custody of a person duly authorized by the appropriate authority of a specified country, to take the custody of such offender.

(1) Every offender being transferred to Sri Lanka from any specified country, upon an order under section 4 shall be formally handed over to the Commissioner of Prisons and the Commissioner of Prisons shall have the authority to keep such offender in custody in any place as may appear to him to be appropriate for giving effect to the sentence of imprisonment imposed upon such offender in such specified country, for the period of the sentence, as if it were a sentence imposed by a court in Sri Lanka.

(2) The enforcement of the sentence of imprisonment imposed upon any offender who is transferred to Sri Lanka under subsection (1) shall be governed by the laws of Sri Lanka under subsection (1) shall be governed by the laws of Sri Lanka.

(3) Notwithstanding the provisions of subsection (2), the Minister shall, unless otherwise specified in the agreement, be bound by the legal nature and duration of the sentence of imprisonment imposed upon any offender transferred to Sri Lanka under subsection (1).

(4) Where the legal nature and duration of the sentence of imprisonment imposed upon any offender transferred under subsection (1), is incompatiable with any law of Sri Lanka, it shall be lawful for a court of competent jurisdiction in Sri Lanka, to adapt such sentence to make it compatible with laws of Sri Lanka provided however that the sentence as adapted by such court of competent jurisdiction in Sri Lanka, corresponds as far as practicable to the sentence imposed upon such offeder in the specified country from which such offender was transferred to Sri Lanka.

(a) the taking of the offender to any place within Sri Lanka and his delivery at a place of departure from Sri Lanka, into the custody of a person duly authorized by the appropriate authority of the specified country to which he is being transferred to take such custody of the offender ; and

(b) the removal of the offender by the person into whose custody he was delivered, to any place outside Sri Lanka.

(1) Any offender committed to custody under section 8 or 9 of this Act escapes from such custody, who may be arrested in any place in Sri Lanka in like manner as a person escaping from custody under a warratn for his arrest issued in that place in respect of an offence committed therein.

(2) Where any offender being in custody under section 8 or 9 of this Act is required to be removed from the place where he is held in custody to any other place in Sri Lanka, he shall be deemed to continue to be in legal custody until he reaches the place to which he is required to be transferred.

(1) An offender who is transferred to Sri Lanka in terms of section 8 of this Act, shall be subject to any remission of the sentence of imprisonment imposed upon him in the specified country where he was convicted, to which he may have become entitled to, on the date of his transfer, in accordance wiht the lawrelating to remission of a sentence, in force specified country.

(2) Nothing in this Act shall be so construed as to limit or take away the president’s power to grant or remission of sentence to any offender under Article 34 of the Constitution.

(1) The Minister may make regulations for or in respect of all matters stated or required by this Act to be prescribed or in respect of which regulations are authorised or required to be made.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the Date of such publication or upon such later as may be specified in the regulation.

(3) Every regulation made by the Minister under sub-section (1), shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any such regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder. Notificaton of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.