- Is amended by Correctional Service Act, 2012
- Is commenced by Commencement of Transfer of Convicted Offenders Act, 2005
Transfer of Convicted Offenders Act, 2005
Act 9 of 2005
- Published in Government Gazette no. 3495 on 8 September 2005
- Assented to on 22 August 2005
- Commenced on 28 July 2006 by Government Notice of 2006
- [This is the version of this document from 1 January 2014 and includes any amendments published up to 6 October 2022.]
- [Amended by Correctional Service Act, 2012 (Act 9 of 2012) on 1 January 2014]
Part I – PRELIMINARY
1. DefinitionsIn this Act, unless the context otherwise indicates -“administering country” means the country to which the sentenced offender may be, or has been, transferred in order to serve his or her sentence;“agreement” means an agreement in force under section 20, and includes a multilateral convention to which Namibia is a signatory or to which it has acceded and which has the same effect as such an agreement;“foreign State” means any State outside Namibia which is party to an agreement, and includes any territory under the sovereignty or control of such State;“judgment” means a decision or order of a court or tribunal imposing a sentence;“Minister” means the Minister responsible for correctional facilities;“prescribed” means prescribed by regulation;“proper authority” in relation to Namibia means the Minister or other person delegated or assigned duties by him or her under section 21 for the purpose of this Act, and, in relation to a foreign State, means the authority responsible for the administration of the law relating to the transfer of sentenced offenders on substantially similar terms as are provided in this Act;“regulation” means any regulation made under section 22;“sentence” means any punishment or measure involving deprivation of liberty ordered by a court or tribunal for a determinate or indeterminate period of time in the exercise of its criminal jurisdiction;“sentenced offender” means a person upon whom a sentence has been imposed;“sentencing country” means the country in which the sentence was imposed on the sentenced offender who may be, or has been, transferred;“this Act” includes a regulation made thereunder.[section 1 amended by Act 9 of 2012 to substitute the words “correctional facilities” for the word “prisons” (affecting only the definition of “Minister”)]
Part II – TRANSFER OF SENTENCED OFFENDERS TO AND FROM NAMIBIA
2. Persons liable to be transferredSubject to the provisions of this Act, a sentenced offender who is in -
3. Limitation and applications for transfer
4. Conditions for transfer
5. Furnishing of information
6. Requests and applications and channels of communication
7. Supporting documentsSubject to paragraph (c) of subsection (1) of section 5 and unless otherwise agreed between the sentencing country and the administering country, all documents sent or received for the purpose of this Act need not be certified.
8. Consent and its verification
9. Notification of decisionsThe Minister shall in writing, and, as occasion arises, inform an offender sentenced in Namibia of any relevant action taken or of any decision made by the Minister and the proper authority of the foreign State or either of them in respect of a request for his or her transfer.
10. Effect of transfer from NamibiaIf a sentenced offender serving sentence in Namibia is transferred to a foreign State, the enforcement of the sentence in that foreign State shall have, to the extent that the sentence has been enforced in that foreign State, the effect of discharging that sentence.
11. Effect of transfer to Namibia
12. Offenders in lawful custody during transfer
Part III – ENFORCEMENT OF SENTENCE AFTER TRANSFER
13. Continued enforcement
14. Juvenile offenders
15. Offenders of unsound mind
16. Pardon and reprieveUnless in any particular case of a sentenced offender the Minister agrees otherwise with the proper authority of a foreign State -
17. Termination of enforcementThe Minister shall terminate or cause to be terminated the enforcement of a sentence being served by a sentenced offender transferred to Namibia as soon as he or she receives information from the proper authority of the foreign State of any decision or measure whose effect renders the sentence further unenforceable.
18. Information on enforcement
Part IV – MISCELLANEOUS
19. Costs of transferWithout prejudice to the right of the sentencing country or the administering country to defray all expenses connected with the transfer of a sentenced offender, the cost of transfer shall be defrayed in such proportions as may be agreed upon either generally or in any particular case between the Minister and the proper authority of the foreign state involved in the transfer.
20. Minister may enter into agreements
21. Delegation of powers and assignment of duties
23. Amendment of lawsThe laws mentioned in the Schedule are hereby amended to the extent indicated in the third column thereof.
24. Short title and commencement
History of this document
01 January 2014 this version
Amended by Correctional Service Act, 2012
28 July 2006
08 September 2005
Published in Government Gazette number 3495
22 August 2005