Extradition Act · 2024 Revised Edition · Part · Preliminary
4. Extradition objection
Official textFrom Attorney General's Chambers, unchanged
For the purpose of this Act, there is an extradition objection in relation to an extradition offence for which the surrender of a person is sought by an extradition country if —
extradition offence
“extradition offence” has the meaning given by section 3(1);
the extradition offence is regarded as a political offence;
political offence
“political offence”, in relation to a country, means an offence against the law of that country that is of a political character (whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include — (a) an offence — (i) that is constituted by conduct of a kind referred to in a multilateral treaty to which Brunei Darussalam is a party; and (ii) for which parties have an obligation to extradite or prosecute; (b) the offence of genocide; (c) an offence of — (i) murder, kidnapping or any other attack on any person or his liberty; or (ii) threatening or attempting to commit, or participating as an accomplice in, murder, kidnapping or any other attack on the person or liberty; or (d) any other offence that Brunei Darussalam and that other country have agreed will not be treated as a political offence for the purposes of extradition;
there are substantial grounds for believing that his surrender is sought for the purpose of prosecuting or punishing him because of his race, religion, nationality, political opinions, sex or status, or for a political offence in the requesting country;
requesting country
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
on surrender, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, because of his race, religion, nationality, political opinions, sex or status;
the offence is an offence under military law, but not also under the ordinary criminal law, of Brunei Darussalam;
final judgment has been given against him for the offence in
Brunei Darussalam or in a third country;
country
“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;
under the law of the requesting country or of
Brunei Darussalam, he has become immune from prosecution or punishment because of lapse of time, amnesty or any other reason;
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he has already been acquitted or pardoned in the requesting country or in Brunei Darussalam, or punished under the law of that country or of Brunei Darussalam, for the offence or another offence constituted by the same conduct as the extradition offence; or
judgment has been given in his absence and there is no provision in the law of the requesting country entitling him to appear before a court and raise any defence that he may have.
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;
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);
political offence
Defined · s 2“political offence”, in relation to a country, means an offence against the law of that country that is of a political character (whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include — (a) an offence — (i) that is constituted by conduct of a kind referred to in a multilateral treaty to which Brunei Darussalam is a party; and (ii) for which parties have an obligation to extradite or prosecute; (b) the offence of genocide; (c) an offence of — (i) murder, kidnapping or any other attack on any person or his liberty; or (ii) threatening or attempting to commit, or participating as an accomplice in, murder, kidnapping or any other attack on the person or liberty; or (d) any other offence that Brunei Darussalam and that other country have agreed will not be treated as a political offence for the purposes of extradition;
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
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