Extradition Act · 2024 Revised Edition · Part 2
9. Authority to proceed
Official textFrom Attorney General's Chambers, unchanged
An extradition request shall be made to the Attorney General by a diplomatic officer, consular officer or a Minister of the requesting state.
extradition request
“extradition request” means a request in writing by a country for the surrender of a person to that country;
Upon receipt of such request, the Attorney General may —
issue an authority to proceed if he is satisfied that —
the offence for which extradition is sought is an extradition offence;
the requesting country is an extradition country;
there is nothing in section 17 or any other written law that would preclude surrender of that person;
there is no other reason why the authority to proceed should not be issued;
give the authority to proceed to a magistrate;
provide a copy of the authority to proceed and the extradition request to the person concerned.
If the Attorney General does not issue an authority to proceed, he shall inform a magistrate of this and the magistrate shall order —
such person to be released; or
the discharge of the sureties for the bail.
If an authority to proceed is received by a magistrate in relation to a person who has not been arrested under a provisional arrest warrant, the magistrate shall issue a warrant, in accordance with Form 7 of Schedule 4, for the arrest of that person.
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;
Extradition 18
Terms defined in s 2
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);
extradition request
Defined · s 2“extradition request” means a request in writing by a country for the surrender of a person to that country;
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