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In force2024 Revised Edition
Contents

Part 2

20. Execution of surrender warrant

(1)

If a person is not surrendered under a surrender warrant within 2 months after —

(a)

the date the surrender warrant was issued; or

(b)

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.

(2)

If the magistrate is satisfied that —

(a)

the Attorney General has been informed of the application;

and

(b)

there is no reasonable cause for delay in surrendering that person, the magistrate shall order that he be released from custody.

Extradition

(3)

Without limiting subsection (2)(b), reasonable cause for delay exists if —

(a)

it would have been a danger to that person’s life, or prejudicial to his health, to surrender him;

(b)

there was no suitable means of transporting him to the requesting country, and all reasonable steps were taken to obtain suitable transport;

(c)

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

(d)

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).

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