INTERNATIONAL TRANSFER OF PRISONERS ACT 2012

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Application

a prisoner released on parole; and

such person under the age of eighteen years;

“Commissioner General of Prison” means the Commissioner

General of Prison appointed under subsection 10(1) of the Prison

Act 1995 [Act 537];

“Minister” means the Minister charged with the responsibility for prisons and prisoners;

“prescribed foreign State” means a foreign State declared by the Minister, by an order made under section 4, as a prescribed foreign State;

“ a p p r o p r i a t e a u t h o r i t y ” m e a n s a p e r s o n o r authority in any prescribed foreign State whom the Minister is satisfied is authorized under the law of that prescribed foreign State as being the authority responsible for administering the transfer of prisoners to and from such State.

Order of the Minister

An order under this section may provide that the provisions of this Act shall apply to the foreign State subject to such restrictions, limitations, exceptions, modifications, adaptations, conditions or qualifications as are specified in the order, and in that event the provisions of this Act shall apply accordingly.

An order made under this section shall be conclusive evidence that the treaty or other agreement referred to in the order complies with this Act, and that this Act applies to the prescribed foreign State referred to in the order.

The validity of the order made under this section shall not be questioned in any legal proceedings.

The Minister may by a subsequent order vary or revoke any order previously made under this section.

For the purpose of this section, a prisoner has community ties with a prescribed foreign State if—

the sentence of imprisonment of or the order made upon the finding of guilt imposing a term of imprisonment on the prisoner is not subject to appeal to any court or tribunal;

the acts or omissions constituting the offence on account of which the prisoner is serving the sentence in the sentencing State would, if the acts or omissions had occurred in the State to which transfer is sought, also have constituted an offence in that State unless the Minister and the appropriate authority agree otherwise;

at the time the application for the transfer is made at least six months of the prisoner’s sentence remains to be served, irrespective of whether the prisoner has been released on parole or otherwise, provided that the

Minister and the appropriate authority may determine a shorter period;

the Minister and the appropriate authority have given their consent to the transfer;

the consent of the prisoner has been obtained, if such consent is required by the treaty or other agreement between Malaysia and the prescribed foreign State, or any other treaty or agreement to which Malaysia or the prescribed foreign State is a party to; and

any other requirements agreed to between Malaysia and the prescribed foreign State are satisfied including conditions provided in or made under any treaty or agreement between Malaysia and the prescribed foreign

State.

Act 754

International Transfer of Prisoners 9

For the transfer of a prisoner to or from Malaysia, the

Minister may refuse the application for transfer or may not grant his consent to the transfer if—

the Minister shall inform such prescribed foreign State of

Malaysia’s intention to apply for transfer of the prisoner to the prescribed foreign State; and

the Minister shall request such prescribed foreign State to indicate its provisional views on the application, including the method by which it is likely that the sentence of imprisonment would be enforced by the prescribed foreign

State if, following a formal application for transfer, the prescribed foreign State consents to the transfer.

For the purposes of subsection (1), the Minister may provide the prescribed foreign State with—

by the Minister to the appropriate authority of the prescribed foreign State; or

by the appropriate authority of the prescribed foreign

State to the Minister.

The application for transfer under subsection (1) shall be made in writing.

Every application for transfer under this section shall be accompanied by—

The Minister may notify the prisoner or the prisoner’s representative of the arrangement for transfer.

Warrant for transfer from Malaysia

The Minister shall cause a copy of the warrant for transfer from Malaysia to be served on the Commissioner General of

Prison.

Act 754

International Transfer of Prisoners 11

When issuing a warrant for transfer from Malaysia, the

Minister shall have regard as to whether or not the prisoner is the subject of any extradition request.

A warrant for transfer from Malaysia shall be deemed to be sufficient authority for the Commissioner General of Prison to deliver such prisoner to any appropriate authority to receive such prisoner.

A warrant for transfer from Malaysia authorizes the prisoner from Malaysia to continue serving the sentence of imprisonment or the order of confinement in a prison in the prescribed foreign

State in accordance with the treaty or other agreement between

Malaysia and the prescribed foreign State.

If the prisoner is released on parole, the warrant for transfer from Malaysia—

The effect of the issuance of a warrant for transfer from

Malaysia is to suspend enforcement of the sentence of imprisonment or the order of confinement in a prison in Malaysia.

by the Minister to the appropriate authority of the prescribed foreign State; or

by the appropriate authority of the prescribed foreign

State to the Minister.

An application for transfer under subsection (1) shall be made in writing.

Every application for transfer under this section shall be accompanied by—

A warrant for transfer to Malaysia authorizes the transfer of the prisoner from the prescribed foreign State to Malaysia to continue serving the sentence of imprisonment or the order of confinement in a prison in accordance with the treaty or other agreement between Malaysia and the prescribed foreign State.

If the prisoner has been released on parole, the warrant for transfer to Malaysia shall specify any procedure for such transfer that has been agreed upon with the prescribed foreign State and the necessary authorizations and directions.

The Commissioner General of Prison shall have the authority to confine such prisoner in prison for the period specified in the warrant for transfer to Malaysia.

Registration of warrant or order issued in the prescribed foreign State

the Minister considers it to be inappropriate to proceed with the prisoner’s transfer;

the prescribed foreign State withdraws consent to the transfer; or

the prisoner, if required to give consent by the treaty or other agreement between Malaysia and the prescribed foreign State, or any other treaty or agreement to which

Malaysia or the prescribed foreign State is a party to, withdraws such consent.

Where the prescribed foreign State has notified the Minister of a decision to grant a pardon, respite or reprieve in respect of the offence committed or a remission, suspension or commutation of the sentence, to a prisoner, the Minister shall give effect to such decision.

In relation to a transfer of prisoner from Malaysia, this Act shall not restrict the power to grant pardon, respite or reprieve in respect of the offence committed or remission, suspension or commutation of the sentence, to the prisoner, in accordance with the laws of Malaysia.

Costs

A delegation under this section shall not preclude the

Minister himself from exercising at any time any of the powers so delegated.

Regulations