Mutual Assistance in Criminal Matters Order, 2005 · s 22

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22.
(1) If a foreign country requests assistance under this Part, the Attorney
General shall consider the following matters in order to decide whether that request should be dealt with -
(a) if there is in force a treaty, memorandum of understanding or other agreement between Brunei Darussalam and that country under which that country has agreed to provide assistance in criminal matters in Brunei
Darussalam;
(b) if the request is made in accordance with a convention to which
Brunei Darussalam and that country are parties which provides for the convention to be used as a basis of providing assistance in criminal matters;
(c) if paragraphs (a) and (b) are not applicable -
(i) any assurances given by that country that it will entertain a similar request by Brunei Darussalam for assistance in criminal matters;
(ii) the seriousness of the offence to which the request relates;
(iii) the objects of this Order as specified in section 3; and
(iv) any other matters that the Attorney General considers relevant.
(2) If, after considering those matters, the Attorney General decides that the request should be dealt with under this Part, he may deal with that request accordingly.

Form of request.

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s 22

(1)

If a foreign country requests assistance under this Part, the Attorney

General shall consider the following matters in order to decide whether that request should be dealt with -

(a)

if there is in force a treaty, memorandum of understanding or other agreement between Brunei Darussalam and that country under which that country has agreed to provide assistance in criminal matters in Brunei

Darussalam;

(b)

if the request is made in accordance with a convention to which

Brunei Darussalam and that country are parties which provides for the convention to be used as a basis of providing assistance in criminal matters;

(c)

if paragraphs (a) and (b) are not applicable -

(i)

any assurances given by that country that it will entertain a similar request by Brunei Darussalam for assistance in criminal matters;

(ii)

the seriousness of the offence to which the request relates;

(iii)

the objects of this Order as specified in section 3; and

(iv)

any other matters that the Attorney General considers relevant.

(2)

If, after considering those matters, the Attorney General decides that the request should be dealt with under this Part, he may deal with that request accordingly.

Form of request.