TRANSFER OF OFFENDERS ACT

Arrangement of Sections

1. Short title.

2. Application of the Act.

3. Minister to make an application requesting the transfer of an offender.

4. Application to be made by a specified country.

5. Condition of transfer.

6. Issue of a warrant by the Minister.

7. No withdrawal of consent after issue of warrant.

8. Commissioners of prisons to have the custody of an offended transferred to Sri Lanka.

9. The effect of any warrant issued by the Minister.

10. Removal of an offender in custody to any other place in Sri Lanka.

11. Application of prisons ordinance.

12. Remission and Presidents power to grant pardon.

13. No appeal or revision of a sentence of imprisonment imposed upon an offender who is a citizen of Sri Lanka.

14. Regulation.

15. Interpretation.

16. Sinhala text to prevail in case of inconsistency.

5 of 1995.

AN ACT to provide for the Transfer to a specified country of a citizen of such country convicted of an offence in Sri Lanka, to provide for the Transfer to Sri Lanka of any citizen of Sri Lanka convicted of an offence in a specified country, and for matters connected therewith or incidental thereto.

[Date of Commencement: 13th February 1995]

1. Short title.

This Act may be cited as the Transfer of Offenders Act.

2. Application of the Act.

Where an agreement has been entered into between Sri Lanka and any other country, whether before or after the date of commencement of this Act, the Minister may by Order published in the Gazette declare that the provisions of this Act shall apply in respect of such country (in this Act referred to as a "specified country”).

3. Minister to make an application requesting the transfer of an offender.

(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.

4. Application to be made by a specified country.

(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—

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