Extradition Act · 2024 Revised Edition · Part 2
6. Issue of provisional arrest warrant
Official textFrom Attorney General's Chambers, unchanged
A magistrate shall issue a provisional arrest warrant for a person if —
provisional arrest warrant
“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;
a country or entity, either directly or through ICPO-Interpol, notifies Brunei Darussalam that —
a person whose surrender is desired is, or is believed to be, in or on his way to Brunei Darussalam; and
the requesting country or entity intends to make a formal request to Brunei Darussalam for his extradition;
Extradition
an application on behalf of the requesting country or entity is made to a magistrate for a provisional arrest warrant;
the application is supported by the documents specified in subsection (2);
the magistrate is satisfied that the offence is an extradition offence; and
the magistrate is satisfied that the request is made by an extradition country.
The following documents are required for a provisional arrest warrant —
a copy of the warrant for the arrest issued in the requesting country;
a description of the person sought;
a statement of the acts that constitute the offence;
the text of the law creating the offence or, if the offence is not created by statute, a statement of the offence;
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.
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;
entity
Defined · s 2“entity” includes an international criminal court or tribunal, and “country” shall where appropriate be deemed to include an entity;
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);
ICPO-Interpol
Defined · s 2“ICPO-Interpol” means the International Criminal Police Organization;
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;
requesting country
Defined · s 2“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
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