Extradition Act · 2024 Revised Edition · Part 2
17. Surrender determination by Attorney General
Official textFrom Attorney General's Chambers, unchanged
If —
a magistrate has reported to the Attorney General that a person should be held for surrender; and
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the period during which an application for a review may be made has ended and no application for review has been made or, on review, the High Court has ordered that he be held for surrender, the Attorney General shall make a final decision whether he should be surrendered.
The Attorney General shall refuse to order such person be surrendered if he is satisfied that there exists a valid extradition objection under section 4.
The Attorney General may refuse to order that he be surrendered if —
the requesting country has not given a specialty undertaking;
the requesting country is not a country with which
Brunei Darussalam has a bilateral treaty containing a specialty undertaking;
the law of the requesting country does not contain a provision prohibiting prosecution for an offence other than the one for which he is surrendered;
he is a citizen of Brunei Darussalam;
a prosecution for the offence for which surrender has been ordered is pending against him in Brunei Darussalam;
the offence for which surrender has been ordered was committed outside the territory of the requesting country, and the law of Brunei Darussalam does not provide for jurisdiction over an offence of that kind committed in similar circumstances outside its territory;
the offence for which surrender has been ordered is regarded by Brunei Darussalam as having been committed wholly or partly within Brunei Darussalam;
he has been sentenced or would be liable to be tried or sentenced in the requesting country by an extraordinary or ad hoc court or tribunal;
Extradition
he has been subjected in the requesting country to torture or cruel, inhuman or degrading treatment or punishment; or
having regard to —
the national interest of Brunei Darussalam, including its interests in effective international co-operation to combat crime; and
the severity of the offence, the Attorney General considers that he should not be surrendered.
For the purposes of subsection (3)(a), the requesting country is deemed to have given a specialty undertaking if it undertakes that he will not, without having the opportunity of leaving the requesting country —
requesting country
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
be detained or tried for an offence committed before surrender, other than —
the offence for which surrender is granted; or
an offence of which he could be convicted on proof of the acts constituting the offence for which surrender is sought, for which the penalty is no greater than the penalty for the offence for which surrender is sought; or
be detained in the requesting country for surrender to a third country for an offence committed before surrender to the requesting country, unless the Attorney General consents to the trial or to the surrender to the third country.
If the Attorney General decides that that person is to be surrendered to the requesting country, the Attorney General shall issue a surrender warrant or a temporary surrender warrant for him.
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 the Attorney General decides that that person is not to be surrendered to the requesting country, the Attorney General shall in writing order that he be released.
writing
“writing” includes facsimile, electronic mail and any other means of communication which is able to be reproduced in printed form.
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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;
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
specialty undertaking
Defined · s 2“specialty undertaking” means an undertaking by a requesting country about the treatment of a person whose surrender is sought by that requesting country;
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;
temporary surrender warrant
Defined · s 2“temporary surrender warrant” means — (a) in Part 2, a warrant, in accordance with Form 4 in Schedule 4, issued under section 19(1); or (b) in Part 4, a warrant, in accordance with Form 6 in Schedule 4, issued under section 37(1);
treaty
Defined · s 2“treaty” includes a convention, protocol, arrangement or agreement between two or more countries;
writing
Defined · s 2“writing” includes facsimile, electronic mail and any other means of communication which is able to be reproduced in printed form.
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To Commonwealth Countries
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To Treaty Countries
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To Other Countries
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Search, Seizure and Transit
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Extradition to Brunei Darussalam
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