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In force2024 Revised Edition
Contents

Part 2

6. Issue of provisional arrest warrant

(1)

A magistrate shall issue a provisional arrest warrant for a person if —

(a)

a country or entity, either directly or through ICPO-Interpol, notifies Brunei Darussalam that —

(i)

a person whose surrender is desired is, or is believed to be, in or on his way to Brunei Darussalam; and

(ii)

the requesting country or entity intends to make a formal request to Brunei Darussalam for his extradition;

Extradition

(b)

an application on behalf of the requesting country or entity is made to a magistrate for a provisional arrest warrant;

(c)

the application is supported by the documents specified in subsection (2);

(d)

the magistrate is satisfied that the offence is an extradition offence; and

(e)

the magistrate is satisfied that the request is made by an extradition country.

(2)

The following documents are required for a provisional arrest warrant —

(a)

a copy of the warrant for the arrest issued in the requesting country;

(b)

a description of the person sought;

(c)

a statement of the acts that constitute the offence;

(d)

the text of the law creating the offence or, if the offence is not created by statute, a statement of the offence;

(e)

the text of the law of the requesting country that prescribes the penalty or, if the penalty is not prescribed by statute, a statement of the penalty that can be imposed.

Report

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

General

Schedules