Extradition Act · 2024 Revised Edition · Part 2
11. Consent to surrender
Official textFrom Attorney General's Chambers, unchanged
At any time, a person may inform a magistrate that he consents to being surrendered to the requesting country for the extradition offence for which that country seeks his surrender.
requesting country
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
If —
that person informs the magistrate that he consents to being surrendered; and
the magistrate is satisfied that the consent was given voluntarily, the magistrate shall inform him of the effect of consenting.
The effect of consenting is that —
he will be committed to prison without any extradition proceedings to determine whether he should be surrendered for an extradition offence; and
after the Attorney General issues a surrender warrant, he will be surrendered to the requesting country as soon as practicable.
Extradition
If, after being informed of the effect of consenting, he again consents to being surrendered, the magistrate shall —
by warrant, order that he be committed to prison; and
inform the Attorney General in writing that such person has been committed to prison and of the offence for which he has consented to be surrendered.
The Attorney General may under section 17 issue a surrender warrant for that person after being informed under subsection (4)(b).
surrender warrant
“surrender warrant” means — (a) in Part 2, a warrant, in accordance with Form 3 in Schedule 4, issued under section 17(4); (b) in Part 4, a warrant, in accordance with Form 5 in Schedule 4, issued under section 33;
If —
a person consents to being surrendered for the extradition offence; and
the requesting country has asked that he also be surrendered for another offence that is not an extradition offence, the magistrate shall ask him whether he also consents to being surrendered for that other offence.
Terms defined in s 2
country
Defined · s 2“country” includes — (a) a colony, territory or protectorate of a country; (b) a territory for the international relations of which a country is responsible; and (c) a ship or aircraft owned by or registered in a country;
extradition offence
Defined · s 2“extradition offence” has the meaning given by section 3(1);
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
surrender warrant
Defined · s 2“surrender warrant” means — (a) in Part 2, a warrant, in accordance with Form 3 in Schedule 4, issued under section 17(4); (b) in Part 4, a warrant, in accordance with Form 5 in Schedule 4, issued under section 33;
writing
Defined · s 2“writing” includes facsimile, electronic mail and any other means of communication which is able to be reproduced in printed form.
Part
To Commonwealth Countries
Part 4
Part
To Treaty Countries
Part
To Other Countries
Part
Search, Seizure and Transit
Part
Extradition to Brunei Darussalam
Part