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Mutual Assistance in Criminal Matters Order, 2005 · s 39

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s 39

(1)

If a prisoner who has been charged with or convicted of an offence against the law of Brunei Darussalam is transferred to a foreign country pursuant to a request by that country under section 36 before sentence is imposed for the Brunei Darussalam offence, the Attorney General may request the foreign country to provide a certificate recording the dates and total period during which the prisoner was detained outside Brunei Darussalam in connection with the request before such sentence was imposed.

(2)

A certificate provided under subsection (1) is presumed to be accurate, unless the contrary is proved.

(3)

The Attorney General may issue a certificate setting out the dates and period referred to in subsection (1) if -

(a)

the foreign country does not provide a certificate within a reasonable time after he has made a request under subsection (1); and

(b)

he is satisfied from the information that an accurate calculation can be made of the period referred to in subsection (1).

Custody of persons in transit.