Skip to content
In force2024 Revised Edition
Contents

Part 2

16. Review of magistrate’s decision

(1)

If a magistrate makes an order that a person be held in custody until the Attorney General makes a final decision under section 17, he may apply to the High Court for a review of the order.

(2)

If a magistrate makes an order that a person be released, or that he be surrendered for some offences only, the Attorney General on behalf of the requesting country may apply to the High Court for a review of the order.

(3)

The application shall be made within 15 days after the day on which the magistrate makes the order.

(4)

The High Court shall have regard only to the material that was before the magistrate.

(5)

The High Court may confirm, vary or quash the order of the magistrate and order that that person be held for surrender or be released.

(6)

If the High Court orders that the person be held in custody until the Attorney General has made a final decision under section 17, the Court shall include in its judgment a statement specifying the offence and shall —

(a)

if he is not in custody, by warrant, commit him to prison until the Attorney General has made that decision; or

(b)

if he is in custody, order that, he remain in custody until the

Attorney General has made that decision.

(7)

If the High Court orders that he be released, he shall be released accordingly.

Report

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

General

Schedules