Extradition Act · 2024 Revised Edition · Part 2
20. Execution of surrender warrant
Official textFrom Attorney General's Chambers, unchanged
If a person is not surrendered under a surrender warrant within 2 months after —
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;
the date the surrender warrant was issued; or
if he is serving a custodial sentence, or has been admitted to bail, in Brunei Darussalam, the date he was released from custody or the sureties for the bail have been discharged, he may apply to a magistrate to be released from custody and shall inform the Attorney General of the application.
If the magistrate is satisfied that —
the Attorney General has been informed of the application;
and
there is no reasonable cause for delay in surrendering that person, the magistrate shall order that he be released from custody.
Extradition
Without limiting subsection (2)(b), reasonable cause for delay exists if —
it would have been a danger to that person’s life, or prejudicial to his health, to surrender him;
there was no suitable means of transporting him to the requesting country, and all reasonable steps were taken to obtain suitable transport;
there was delay by a country in responding to a request by the requesting country for permission to transport him, and that all reasonable steps were taken to obtain that permission; or
because of the remoteness of the requesting country, it would be unreasonable to expect him to have been surrendered within the period mentioned in subsection (1).
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;
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;
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