Extradition Act · s 22

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22.
Application of different evidentiary requirements
The Attorney General may, in addition to any evidentiary requirements in Part 2, direct the magistrate to apply, in the case of a Commonwealth country, the evidentiary requirements in section 23 or 24.
The prima facie evidence scheme 23.
In addition to any evidentiary requirements in Part 2, a magistrate shall not determine that a person should be surrendered to a requesting country unless the evidence before him is such that, if the offence for which surrender is sought had been committed in Brunei Darussalam, there would be sufficient evidence to establish a prima facie case that he had committed the offence.

Extradition 30

The record of case scheme 24.
(1) In addition to any evidentiary requirements in Part 2, a magistrate shall not determine that a person should be surrendered to a requesting country unless a record of the case is produced for the offence for which surrender is sought.
(2) The record of the case shall be accompanied by —
(a) an affidavit of an officer of the authority that investigated the matter, stating that —
(i) the record of the case was prepared by him, or under his direction; and
(ii) the evidence in the record of the case has been preserved for use in that person’s trial; and
(b) a certificate of the Attorney General or any person performing similar functions of the requesting country stating that, in his opinion, the record of the case discloses the existence of evidence that is sufficient under the law of the requesting country to justify a prosecution in the requesting country.
(3) In this section, “record of the case”, in relation to an offence for which surrender is sought, means —
(a) a document containing a recital of the evidence to support the request; and
(b) an authenticated copy, reproduction or photograph of all exhibits and documentary evidence.

Extradition

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s 22Application of different evidentiary requirements

The Attorney General may, in addition to any evidentiary requirements in Part 2, direct the magistrate to apply, in the case of a Commonwealth country, the evidentiary requirements in section 23 or 24.

The prima facie evidence scheme 23.

In addition to any evidentiary requirements in Part 2, a magistrate shall not determine that a person should be surrendered to a requesting country unless the evidence before him is such that, if the offence for which surrender is sought had been committed in Brunei Darussalam, there would be sufficient evidence to establish a prima facie case that he had committed the offence.

Extradition 30

The record of case scheme 24.

(1)

In addition to any evidentiary requirements in Part 2, a magistrate shall not determine that a person should be surrendered to a requesting country unless a record of the case is produced for the offence for which surrender is sought.

(2)

The record of the case shall be accompanied by —

(a)

an affidavit of an officer of the authority that investigated the matter, stating that —

(i)

the record of the case was prepared by him, or under his direction; and

(ii)

the evidence in the record of the case has been preserved for use in that person’s trial; and

(b)

a certificate of the Attorney General or any person performing similar functions of the requesting country stating that, in his opinion, the record of the case discloses the existence of evidence that is sufficient under the law of the requesting country to justify a prosecution in the requesting country.

(3)

In this section, “record of the case”, in relation to an offence for which surrender is sought, means —

(a)

a document containing a recital of the evidence to support the request; and

(b)

an authenticated copy, reproduction or photograph of all exhibits and documentary evidence.

Extradition