Extradition Act · s 55

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

55.
Prosecution, instead of extradition
(1) A person may be prosecuted and punished in Brunei Darussalam for an offence if the Attorney General refuses to order his surrender because of a circumstance listed in subsection (2).
(2) The following are the circumstances for the purpose of subsection (1) —
(a) he is a citizen of Brunei Darussalam; or
(b) the extradition offence is one in respect of which the courts in
Brunei Darussalam have jurisdiction.
(3) A person shall not be prosecuted unless the Public Prosecutor —
(a) considers that there is sufficient evidence in
Brunei Darussalam to justify prosecuting him for the offence; and
(b) consents to him being prosecuted for the offence.
(4) A person may be prosecuted whether he engaged in the conduct before or after the commencement of this Act.

Extradition 50
(5) A person to whom subsection (1) applies may be —
(a) arrested for an offence mentioned in subsection (1);
(b) charged with the offence; and
(c) remanded in custody or released on bail, although the Public Prosecutor has not given consent under subsection (3).

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 55Prosecution, instead of extradition

(1)

A person may be prosecuted and punished in Brunei Darussalam for an offence if the Attorney General refuses to order his surrender because of a circumstance listed in subsection (2).

(2)

The following are the circumstances for the purpose of subsection (1) —

(a)

he is a citizen of Brunei Darussalam; or

(b)

the extradition offence is one in respect of which the courts in

Brunei Darussalam have jurisdiction.

(3)

A person shall not be prosecuted unless the Public Prosecutor —

(a)

considers that there is sufficient evidence in

Brunei Darussalam to justify prosecuting him for the offence; and

(b)

consents to him being prosecuted for the offence.

(4)

A person may be prosecuted whether he engaged in the conduct before or after the commencement of this Act.

Extradition 50

(5)

A person to whom subsection (1) applies may be —

(a)

arrested for an offence mentioned in subsection (1);

(b)

charged with the offence; and

(c)

remanded in custody or released on bail, although the Public Prosecutor has not given consent under subsection (3).