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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part 4

34. Determination for surrender

(1)

At the proceedings, a person may not bring evidence that he did not commit the offence.

(2)

A magistrate shall determine that he should be surrendered for an offence if he is satisfied —

(a)

that the requesting country is a designated country;

(b)

that the offence for which surrender is sought is an extradition offence; and

(c)

as to the identity of that person.

Extradition 36

(3)

If the magistrate determines that that person should be surrendered, the magistrate shall —

(a)

by a surrender warrant, order that he be surrendered to the designated country;

(b)

by a warrant, order that he be committed to prison until he is surrendered to the designated country;

(c)

inform him that he may, within 15 days of the day on which the order is made, seek a review of the order under section 35;

(d)

record in writing his decision and the extradition offence for which he is to be surrendered; and

(e)

give a copy of the decision to him and to the

Attorney General.

(4)

Notwithstanding subsection (3), if —

(a)

that person is serving a custodial sentence in

Brunei Darussalam; and

(b)

surrender is sought for an offence for which he is accused but not convicted, the magistrate shall not issue a surrender warrant but shall refer the matter to the Attorney General to be dealt with under section 37.

(5)

If the magistrate determines that he should not be surrendered to the designated country, the magistrate shall order that he be released.

Report

Read on from s 35

Part

To Treaty Countries

Read on from Part

Part

To Other Countries

Read on from Part

Part

Search, Seizure and Transit

Read on from Part

Part

Extradition to Brunei Darussalam

Read on from Part

Part

General

Read on from Part

Schedules