Act · 2024 Revised Edition · 9 parts
Extradition Act
Extradition of people to and from the countryPart
Preliminary
Official textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Extradition Act.
In this Act, unless the context otherwise requires —
“Commonwealth country” means a country specified in
Schedule 1;
“country” includes —
a colony, territory or protectorate of a country;
a territory for the international relations of which a country is responsible; and
a ship or aircraft owned by or registered in a country;
“designated country” means a country specified in Schedule 2;
“entity” includes an international criminal court or tribunal, and
“country” shall where appropriate be deemed to include an entity;
“extradition country” means —
a Commonwealth country;
a designated country;
a treaty country; or
any other country certified by the Attorney General to be an extradition country for the purpose of a particular extradition requests;
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“extradition offence” has the meaning given by section 3(1);
“extradition request” means a request in writing by a country for the surrender of a person to that country;
“extradition treaty”, in relation to a country, means a treaty —
to which that country and Brunei Darussalam are parties (whether or not any other country is also a party); and
that relates wholly or partly to the surrender of persons accused or convicted of offences;
“foreign escort officer” means a representative of the country to whom a person is to be surrendered and who is authorised by that country to escort him from Brunei Darussalam to that country;
“ICPO-Interpol” means the International Criminal Police
Organization;
“original warrant” means a warrant issued in a designated country for the arrest of a person;
“political offence”, in relation to a country, means an offence against the law of that country that is of a political character
(whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include —
an offence —
that is constituted by conduct of a kind referred to in a multilateral treaty to which Brunei Darussalam is a party; and
for which parties have an obligation to extradite or prosecute;
the offence of genocide;
an offence of —
murder, kidnapping or any other attack on any person or his liberty; or
threatening or attempting to commit, or participating as an accomplice in, murder, kidnapping or any other attack on the person or liberty; or
Extradition
any other offence that Brunei Darussalam and that other country have agreed will not be treated as a political offence for the purposes of extradition;
“prison” includes a jail, lockup or other place of detention;
“provisional arrest warrant” means —
in Part 2, a warrant, in accordance with Form 1 in
Schedule 4, issued under section 6(1);
in Part 4, a warrant, in accordance with Form 2 in
Schedule 4, issued under section 26;
“repealed Act” means the Extradition Act (Chapter 8) repealed by
Extradition Order, 2006 (S 10/2006);
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
“specialty undertaking” means an undertaking by a requesting country about the treatment of a person whose surrender is sought by that requesting country;
“surrender warrant” means —
in Part 2, a warrant, in accordance with Form 3 in
Schedule 4, issued under section 17(4);
in Part 4, a warrant, in accordance with Form 5 in
Schedule 4, issued under section 33;
“temporary surrender warrant” means —
in Part 2, a warrant, in accordance with Form 4 in
Schedule 4, issued under section 19(1); or
in Part 4, a warrant, in accordance with Form 6 in
Schedule 4, issued under section 37(1);
“treaty” includes a convention, protocol, arrangement or agreement between two or more countries;
“treaty country” means a country —
with which Brunei Darussalam has an extradition treaty; and
where the treaty is a bilateral extradition treaty, that is specified in Schedule 3;
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“writing” includes facsimile, electronic mail and any other means of communication which is able to be reproduced in printed form.
An arrest warrant, provisional arrest warrant, surrender warrant and temporary surrender warrant shall be in the appropriate form in
Schedule 4.
An offence is an extradition offence if —
it is an offence deemed by any written law or any treaty to which Brunei Darussalam is a party to be an extradition offence; or
it is an offence against a law of the requesting country for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than one year, and the conduct that constitutes the offence, if committed in Brunei Darussalam, would constitute an offence in Brunei Darussalam for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than one year.
In determining whether any conduct constitutes an offence —
regard may be had to only some of the acts that make up that conduct; or
it is not relevant whether that conduct is named, defined or characterised by the requesting country in the same way as it is in
Brunei Darussalam.
In determining the maximum penalty for an offence for which no statutory penalty is imposed, regard shall be had to the level of penalty that can be imposed by any court in the requesting country for that offence.
An offence may be an extradition offence notwithstanding that —
it is an offence against a law of the requesting country relating to taxation, customs duties or other revenue matters or to foreign exchange control; and
Extradition
Brunei Darussalam does not impose a duty, tax, impost or control of that kind.
A person may be extradited —
whether or not the conduct on which the extradition country bases its request occurred in the territory over which it has jurisdiction;
and
whether or not Brunei Darussalam could exercise jurisdiction in similar circumstances.
An offence shall also be an extradition offence if it consists of an attempt or a conspiracy to commit, or an abetment of the commission of, any offence described in subsection (1).
s 4Extradition objection
For the purpose of this Act, there is an extradition objection in relation to an extradition offence for which the surrender of a person is sought by an extradition country if —
the extradition offence is regarded as a political offence;
there are substantial grounds for believing that his surrender is sought for the purpose of prosecuting or punishing him because of his race, religion, nationality, political opinions, sex or status, or for a political offence in the requesting country;
on surrender, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, because of his race, religion, nationality, political opinions, sex or status;
the offence is an offence under military law, but not also under the ordinary criminal law, of Brunei Darussalam;
final judgment has been given against him for the offence in
Brunei Darussalam or in a third country;
under the law of the requesting country or of
Brunei Darussalam, he has become immune from prosecution or punishment because of lapse of time, amnesty or any other reason;
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he has already been acquitted or pardoned in the requesting country or in Brunei Darussalam, or punished under the law of that country or of Brunei Darussalam, for the offence or another offence constituted by the same conduct as the extradition offence; or
judgment has been given in his absence and there is no provision in the law of the requesting country entitling him to appear before a court and raise any defence that he may have.
Part 2
Part
To Commonwealth Countries
Part 4
Part
To Treaty Countries
Part
To Other Countries
Part
Search, Seizure and Transit
Part
Extradition to Brunei Darussalam
Part