Extradition Act · s 37

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37.
Temporary surrender warrant
(1) The Attorney General may issue a temporary surrender warrant if —
(a) that person is serving a custodial sentence in
Brunei Darussalam;
(b) surrender is sought for an offence of which he is accused but of which he has not been convicted;
(c) he is satisfied that the designated country has given an adequate undertaking that —
(i) that person will be given a speedy trial in the designated country; and
(ii) he will be returned to Brunei Darussalam after the trial;
and
(d) the Attorney General is satisfied that adequate provision has been made for the travel of that person to the designated country and for his return to Brunei Darussalam.
(2) The temporary surrender warrant shall —
(a) be in writing;
(b) state the offences for which that person is to be surrendered;
(c) require any person who has the custody of that person to hand him over to a police officer;

Extradition
(d) authorise a police officer to —
(i) transport that person from the place where the police officer takes custody of him to another place within Brunei Darussalam for the purpose of handing him over to the custody of a foreign escort officer; and
(ii) hold him in custody for so long as is necessary to enable him to be handed over to the custody of a foreign escort officer; and
(e) authorise the foreign escort officer to transport him out of
Brunei Darussalam.
(3) If a person who was the subject of a temporary surrender warrant —
(a) has been returned to Brunei Darussalam after trial and sentence in the designated country; and
(b) has completed his custodial sentence in Brunei Darussalam, a magistrate shall issue a surrender warrant for the surrender of that person to the designated country.
(4) Any time that a person spends in custody in the designated country is deemed to be time spent in custody in
Brunei Darussalam for the purpose of completing the sentence for which he was in custody in Brunei Darussalam.
(5) If —
(a) the time spent in custody in the designated country is taken into account as mentioned in subsection (4); and
(b) because of this, his sentence in Brunei Darussalam is concluded, the Attorney General may inform the requesting country that the undertakings given by that country about the speedy trial and his return no longer apply and the surrender shall be final.

Extradition 40

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s 37Temporary surrender warrant

(1)

The Attorney General may issue a temporary surrender warrant if —

(a)

that person is serving a custodial sentence in

Brunei Darussalam;

(b)

surrender is sought for an offence of which he is accused but of which he has not been convicted;

(c)

he is satisfied that the designated country has given an adequate undertaking that —

(i)

that person will be given a speedy trial in the designated country; and

(ii)

he will be returned to Brunei Darussalam after the trial;

and

(d)

the Attorney General is satisfied that adequate provision has been made for the travel of that person to the designated country and for his return to Brunei Darussalam.

(2)

The temporary surrender warrant shall —

(a)

be in writing;

(b)

state the offences for which that person is to be surrendered;

(c)

require any person who has the custody of that person to hand him over to a police officer;

Extradition

(d)

authorise a police officer to —

(i)

transport that person from the place where the police officer takes custody of him to another place within Brunei Darussalam for the purpose of handing him over to the custody of a foreign escort officer; and

(ii)

hold him in custody for so long as is necessary to enable him to be handed over to the custody of a foreign escort officer; and

(e)

authorise the foreign escort officer to transport him out of

Brunei Darussalam.

(3)

If a person who was the subject of a temporary surrender warrant —

(a)

has been returned to Brunei Darussalam after trial and sentence in the designated country; and

(b)

has completed his custodial sentence in Brunei Darussalam, a magistrate shall issue a surrender warrant for the surrender of that person to the designated country.

(4)

Any time that a person spends in custody in the designated country is deemed to be time spent in custody in

Brunei Darussalam for the purpose of completing the sentence for which he was in custody in Brunei Darussalam.

(5)

If —

(a)

the time spent in custody in the designated country is taken into account as mentioned in subsection (4); and

(b)

because of this, his sentence in Brunei Darussalam is concluded, the Attorney General may inform the requesting country that the undertakings given by that country about the speedy trial and his return no longer apply and the surrender shall be final.

Extradition 40