Extradition Act · 2024 Revised Edition · Part · Preliminary
3. Extradition offence
Official textFrom Attorney General's Chambers, unchanged
An offence is an extradition offence if —
extradition offence
“extradition offence” has the meaning given by section 3(1);
it is an offence deemed by any written law or any treaty to which Brunei Darussalam is a party to be an extradition offence; or
it is an offence against a law of the requesting country for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than one year, and the conduct that constitutes the offence, if committed in Brunei Darussalam, would constitute an offence in Brunei Darussalam for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than one year.
In determining whether any conduct constitutes an offence —
regard may be had to only some of the acts that make up that conduct; or
it is not relevant whether that conduct is named, defined or characterised by the requesting country in the same way as it is in
Brunei Darussalam.
In determining the maximum penalty for an offence for which no statutory penalty is imposed, regard shall be had to the level of penalty that can be imposed by any court in the requesting country for that offence.
requesting country
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
An offence may be an extradition offence notwithstanding that —
it is an offence against a law of the requesting country relating to taxation, customs duties or other revenue matters or to foreign exchange control; and
Extradition
Brunei Darussalam does not impose a duty, tax, impost or control of that kind.
A person may be extradited —
whether or not the conduct on which the extradition country bases its request occurred in the territory over which it has jurisdiction;
and
whether or not Brunei Darussalam could exercise jurisdiction in similar circumstances.
An offence shall also be an extradition offence if it consists of an attempt or a conspiracy to commit, or an abetment of the commission of, any offence described in subsection (1).
Terms defined in s 2
extradition country
Defined · s 2“extradition country” means — (a) a Commonwealth country; (b) a designated country; (c) a treaty country; or (d) any other country certified by the Attorney General to be an extradition country for the purpose of a particular extradition requests;
extradition offence
Defined · s 2“extradition offence” has the meaning given by section 3(1);
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
treaty
Defined · s 2“treaty” includes a convention, protocol, arrangement or agreement between two or more countries;
Part 2
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