Extradition Act · s 38

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38.
Execution of surrender warrant
(1) If a person is not surrendered under a surrender warrant within 2 months after —
(a) the date the surrender warrant was issued; or
(b) if he is serving a custodial sentence, or has been admitted to bail, in Brunei Darussalam, the date he was released from custody or the sureties for the bail have been discharged, he may apply to a magistrate to be released from custody and shall inform the Attorney General of the application.
(2) If the magistrate is satisfied that —
(a) the Attorney General has been informed of the application;
and
(b) there is no reasonable cause for delay in surrendering that person, the magistrate shall order that he be released from custody.
(3) Without limiting subsection (2)(b), reasonable cause for delay exists if —
(a) it would have been a danger to that person’s life, or prejudicial to his health, to surrender him;
(b) there was no suitable means of transporting him to the requesting country, and all reasonable steps were taken to obtain suitable transport; or
(c) there was delay by Brunei Darussalam in responding to a request for permission to transport him, and that all reasonable steps were taken to obtain that permission.

Extradition

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s 38Execution of surrender warrant

(1)

If a person is not surrendered under a surrender warrant within 2 months after —

(a)

the date the surrender warrant was issued; or

(b)

if he is serving a custodial sentence, or has been admitted to bail, in Brunei Darussalam, the date he was released from custody or the sureties for the bail have been discharged, he may apply to a magistrate to be released from custody and shall inform the Attorney General of the application.

(2)

If the magistrate is satisfied that —

(a)

the Attorney General has been informed of the application;

and

(b)

there is no reasonable cause for delay in surrendering that person, the magistrate shall order that he be released from custody.

(3)

Without limiting subsection (2)(b), reasonable cause for delay exists if —

(a)

it would have been a danger to that person’s life, or prejudicial to his health, to surrender him;

(b)

there was no suitable means of transporting him to the requesting country, and all reasonable steps were taken to obtain suitable transport; or

(c)

there was delay by Brunei Darussalam in responding to a request for permission to transport him, and that all reasonable steps were taken to obtain that permission.

Extradition