Extradition Act · s 19

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19.
Temporary surrender warrant
(1) The Attorney General may issue a temporary surrender warrant instead of a 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;

Extradition
(c) he is satisfied that the requesting country has given an adequate undertaking that that person will be given a speedy trial in the requesting country and 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 requesting 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; and
(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 in the requesting country; and
(b) has completed his custodial sentence in Brunei Darussalam, the Attorney General may issue a surrender warrant for the surrender of that person to the requesting country without a further request for extradition, unless the Attorney General is satisfied that it would be unjust or oppressive

Extradition 28
to surrender him because of changed circumstances in the requesting country.
(4) Any time that a person spends in custody in the requesting 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 requesting country is taken into account under subsection (4); and
(b) because of this, that person’s sentence in Brunei Darussalam is concluded, the Attorney General may inform the requesting country that the undertakings given by that country about the trial and his return no longer apply and the surrender shall be final.

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s 19Temporary surrender warrant

(1)

The Attorney General may issue a temporary surrender warrant instead of a 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;

Extradition

(c)

he is satisfied that the requesting country has given an adequate undertaking that that person will be given a speedy trial in the requesting country and 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 requesting 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; and

(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 in the requesting country; and

(b)

has completed his custodial sentence in Brunei Darussalam, the Attorney General may issue a surrender warrant for the surrender of that person to the requesting country without a further request for extradition, unless the Attorney General is satisfied that it would be unjust or oppressive

Extradition 28

to surrender him because of changed circumstances in the requesting country.

(4)

Any time that a person spends in custody in the requesting 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 requesting country is taken into account under subsection (4); and

(b)

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