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In force2024 Revised Edition
Contents

Part · Preliminary

3. Extradition offence

(1)

An offence is an extradition offence if —

(a)

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

(b)

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.

(2)

In determining whether any conduct constitutes an offence —

(a)

regard may be had to only some of the acts that make up that conduct; or

(b)

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.

(3)

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.

(4)

An offence may be an extradition offence notwithstanding that —

(a)

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

(b)

Brunei Darussalam does not impose a duty, tax, impost or control of that kind.

(5)

A person may be extradited —

(a)

whether or not the conduct on which the extradition country bases its request occurred in the territory over which it has jurisdiction;

and

(b)

whether or not Brunei Darussalam could exercise jurisdiction in similar circumstances.

(6)

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).

Report

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

General

Schedules