Extradition Act · 2024 Revised Edition · Part · Search, Seizure and Transit
45. Search and seizure warrants
Official textFrom Attorney General's Chambers, unchanged
This section applies if a magistrate is informed by affidavit that there are reasonable grounds for suspecting that there may be in a place —
a thing that may be material as evidence in proving the offence for which a provisional arrest warrant was issued or for which surrender of that person is sought; or
a thing that has been acquired by that person as a result of that offence.
The magistrate may issue a warrant authorising a police officer, with such assistance, and by such force, as is necessary and reasonable —
to seize the thing;
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to enter the place and seize the thing; or
to enter the place, search the place for a thing of that kind and seize any thing of that kind found in that place.
The magistrate shall not issue the warrant unless —
the magistrate has received by affidavit, any further information that he requires about the grounds on which the warrant is sought; and
he is satisfied that there are reasonable grounds for issuing the warrant.
The warrant shall contain the following information —
the purpose for which it is issued, including a reference to the nature of any offence referred to in subsection (1)(a);
whether it authorises entry at any time or only during specified hours;
the kinds of thing that may be seized; and
that it ceases to have effect on a specified day, not being later than one month after the day it is issued.
If, in the course of searching in accordance with the warrant —
a police officer finds a thing that he believes on reasonable grounds to be connected with the offence, although the thing is not of a kind stated in the warrant; and
he believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, the warrant is deemed to authorise the police officer to seize that thing.
The police officer shall retain in safe keeping any thing seized pending a direction from the Attorney General about how it is to be dealt with.
Extradition
In this section, —
“place” includes a public place, area of water, premises, vessel, aircraft or vehicle in any part of Brunei Darussalam.
Terms defined in s 2
provisional arrest warrant
Defined · s 2“provisional arrest warrant” means — (a) in Part 2, a warrant, in accordance with Form 1 in Schedule 4, issued under section 6(1); (b) in Part 4, a warrant, in accordance with Form 2 in Schedule 4, issued under section 26;