Extradition Act · 2024 Revised Edition · Part · To Commonwealth Countries
22. Application of different evidentiary requirements
Official textFrom Attorney General's Chambers, unchanged
The Attorney General may, in addition to any evidentiary requirements in Part 2, direct the magistrate to apply, in the case of a Commonwealth country, the evidentiary requirements in section 23 or 24.
Commonwealth country
“Commonwealth country” means a country specified in Schedule 1;
The prima facie evidence scheme 23.
In addition to any evidentiary requirements in Part 2, a magistrate shall not determine that a person should be surrendered to a requesting country unless the evidence before him is such that, if the offence for which surrender is sought had been committed in Brunei Darussalam, there would be sufficient evidence to establish a prima facie case that he had committed the offence.
requesting country
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
Extradition 30
The record of case scheme 24.
In addition to any evidentiary requirements in Part 2, a magistrate shall not determine that a person should be surrendered to a requesting country unless a record of the case is produced for the offence for which surrender is sought.
The record of the case shall be accompanied by —
an affidavit of an officer of the authority that investigated the matter, stating that —
the record of the case was prepared by him, or under his direction; and
the evidence in the record of the case has been preserved for use in that person’s trial; and
a certificate of the Attorney General or any person performing similar functions of the requesting country stating that, in his opinion, the record of the case discloses the existence of evidence that is sufficient under the law of the requesting country to justify a prosecution in the requesting country.
In this section, “record of the case”, in relation to an offence for which surrender is sought, means —
a document containing a recital of the evidence to support the request; and
an authenticated copy, reproduction or photograph of all exhibits and documentary evidence.
Extradition
Terms defined in s 2
Commonwealth country
Defined · s 2“Commonwealth country” means a country specified in Schedule 1;
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
Part 4
Part
To Treaty Countries
Part
To Other Countries
Part
Search, Seizure and Transit
Part
Extradition to Brunei Darussalam
Part