Sri Lanka Consolidated Acts

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Transfer Of Offenders Act (No. 5 of 1995) - Sect 8

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

8.
(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 incompatible 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 offender in the specified country from which such offender was transferred to Sri Lanka.


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