Skip to content
In force2024 Revised Edition
Contents

Part · General

55. Prosecution, instead of extradition

(1)

A person may be prosecuted and punished in Brunei Darussalam for an offence if the Attorney General refuses to order his surrender because of a circumstance listed in subsection (2).

(2)

The following are the circumstances for the purpose of subsection (1) —

(a)

he is a citizen of Brunei Darussalam; or

(b)

the extradition offence is one in respect of which the courts in

Brunei Darussalam have jurisdiction.

(3)

A person shall not be prosecuted unless the Public Prosecutor —

(a)

considers that there is sufficient evidence in

Brunei Darussalam to justify prosecuting him for the offence; and

(b)

consents to him being prosecuted for the offence.

(4)

A person may be prosecuted whether he engaged in the conduct before or after the commencement of this Act.

Extradition 50

(5)

A person to whom subsection (1) applies may be —

(a)

arrested for an offence mentioned in subsection (1);

(b)

charged with the offence; and

(c)

remanded in custody or released on bail, although the Public Prosecutor has not given consent under subsection (3).

Report