Extradition Act · 2024 Revised Edition · Part 2
14. Determination for surrender
Official textFrom Attorney General's Chambers, unchanged
A magistrate shall not determine that a person should be surrendered and ordered to be held in custody until the Attorney General has made a decision under section 17, unless the magistrate is satisfied —
that the requesting country is an extradition country;
that the offence for which surrender is sought is an extradition offence;
as to the identity of that person;
that the supporting documents (as defined in section 15(1))
have been produced to the magistrate;
that the supporting documents satisfy the requirements of section 15; and
that surrender should not be refused because the person sought has established an extradition objection.
If the magistrate orders that the person be held in custody, he shall —
by a warrant, order that he be committed to prison to await the Attorney General’s decision under section 17;
inform him that he may, within 15 days after the day on which the order is made, seek a review of the order under section 16(1);
Extradition
record in writing his decision and the extradition offence for which he should be surrendered; and
give a copy of the decision to him and to the
Attorney General.
If —
the magistrate orders that he be held in custody; 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.
If the magistrate determines that he should not be surrendered to the requesting country, the magistrate shall —
requesting country
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
order that he be released; and
inform the Attorney General in writing of the order and of the reasons for determining that he should not be surrendered.
Terms defined in s 2
extradition country
Defined · s 2“extradition country” means — (a) a Commonwealth country; (b) a designated country; (c) a treaty country; or (d) any other country certified by the Attorney General to be an extradition country for the purpose of a particular extradition requests;
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;
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