Extradition Act · 2024 Revised Edition · Part 4
37. Temporary surrender warrant
Official textFrom Attorney General's Chambers, unchanged
The Attorney General may issue a temporary surrender warrant if —
temporary surrender warrant
“temporary surrender warrant” means — (a) in Part 2, a warrant, in accordance with Form 4 in Schedule 4, issued under section 19(1); or (b) in Part 4, a warrant, in accordance with Form 6 in Schedule 4, issued under section 37(1);
that person is serving a custodial sentence in
Brunei Darussalam;
surrender is sought for an offence of which he is accused but of which he has not been convicted;
he is satisfied that the designated country has given an adequate undertaking that —
that person will be given a speedy trial in the designated country; and
he will be returned to Brunei Darussalam after the trial;
and
the Attorney General is satisfied that adequate provision has been made for the travel of that person to the designated country and for his return to Brunei Darussalam.
The temporary surrender warrant shall —
be in writing;
state the offences for which that person is to be surrendered;
require any person who has the custody of that person to hand him over to a police officer;
Extradition
authorise a police officer to —
transport that person from the place where the police officer takes custody of him to another place within Brunei Darussalam for the purpose of handing him over to the custody of a foreign escort officer; and
hold him in custody for so long as is necessary to enable him to be handed over to the custody of a foreign escort officer; and
authorise the foreign escort officer to transport him out of
Brunei Darussalam.
If a person who was the subject of a temporary surrender warrant —
has been returned to Brunei Darussalam after trial and sentence in the designated country; and
has completed his custodial sentence in Brunei Darussalam, a magistrate shall issue a surrender warrant for the surrender of that person to the designated country.
Any time that a person spends in custody in the designated country is deemed to be time spent in custody in
designated country
“designated country” means a country specified in Schedule 2;
Brunei Darussalam for the purpose of completing the sentence for which he was in custody in Brunei Darussalam.
If —
the time spent in custody in the designated country is taken into account as mentioned in subsection (4); and
because of this, his sentence in Brunei Darussalam is concluded, the Attorney General may inform the requesting country that the undertakings given by that country about the speedy trial and his return no longer apply and the surrender shall be final.
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Terms defined in s 2
country
Defined · s 2“country” includes — (a) a colony, territory or protectorate of a country; (b) a territory for the international relations of which a country is responsible; and (c) a ship or aircraft owned by or registered in a country;
designated country
Defined · s 2“designated country” means a country specified in Schedule 2;
foreign escort officer
Defined · s 2“foreign escort officer” means a representative of the country to whom a person is to be surrendered and who is authorised by that country to escort him from Brunei Darussalam to that country;
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
surrender warrant
Defined · s 2“surrender warrant” means — (a) in Part 2, a warrant, in accordance with Form 3 in Schedule 4, issued under section 17(4); (b) in Part 4, a warrant, in accordance with Form 5 in Schedule 4, issued under section 33;
temporary surrender warrant
Defined · s 2“temporary surrender warrant” means — (a) in Part 2, a warrant, in accordance with Form 4 in Schedule 4, issued under section 19(1); or (b) in Part 4, a warrant, in accordance with Form 6 in Schedule 4, issued under section 37(1);
writing
Defined · s 2“writing” includes facsimile, electronic mail and any other means of communication which is able to be reproduced in printed form.
Part
To Treaty Countries
Part
To Other Countries
Part
Search, Seizure and Transit
Part
Extradition to Brunei Darussalam
Part