International Transfer of Prisoners Act 2012 · Updated to 26 Dec 2012 · Part III · Transfer from Malaysia
10. Warrant for transfer from Malaysia
Feedback & supportThe Minister may, if a prisoner is eligible for transfer under subsection 5(1) and the transfer conditions under section 7
Minister
“Minister” means the Minister charged with the responsibility for prisons and prisoners;
are fulfilled, issue a warrant for transfer in the form as prescribed by the Minister authorizing the transfer of the prisoner from
prisoner
“prisoner” means a person who is serving a sentence of imprisonment or under confinement in a prison pursuant to an order made upon a finding of guilt, including— (a) a prisoner released on parole; and (b) such person under the age of eighteen years;
Malaysia to the prescribed foreign State.
prescribed foreign State
“prescribed foreign State” means a foreign State declared by the Minister, by an order made under section 4, as a prescribed foreign State;
The Minister shall cause a copy of the warrant for transfer from Malaysia to be served on the Commissioner General of
Prison.
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.
Commissioner General of Prison
“Commissioner General of Prison” means the Commissioner General of Prison appointed under subsection 10(1) of the Prison Act 1995;
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—
shall specify any approval, authorization, permission or variation to the parole or other order that has been made under the laws of Malaysia; and
shall specify any procedure for the transfer of the prisoner to the prescribed foreign State that has been agreed upon with the prescribed foreign State and the necessary authorizations and directions.
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.