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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part 4

35. Review of magistrate’s decision

(1)

If a magistrate makes an order for the surrender of any person, he may apply to the High Court for a review of the order.

(2)

If a magistrate makes an order that he be released, the designated country may apply to the High Court for a review of the order.

(3)

The application shall be made within 15 days after the day on which the magistrate makes the order.

Extradition

(4)

The High Court shall have regard only to the material that was before the magistrate.

(5)

The High Court may confirm, vary or quash the order of the magistrate and order that that person be surrendered or released.

(6)

If the High Court orders that he be surrendered, the Court shall include in its judgment a statement specifying the offence and shall —

(a)

if he is not in custody, by warrant commit him to prison until he is surrendered; or

(b)

if he is in custody, order that he remain in custody until he is surrendered.

(7)

If the High Court orders that he be released, the Court shall —

(a)

if he is in custody, order that he be released; or

(b)

if he has been released on bail, order that the sureties for the bail be discharged.

Report

Read on from s 36

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

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Schedules