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Updated 8 Oct 2026, 02:43

Laws
Mutual Assistance in Criminal Matters Order, 2005
s 12

In forceAs enactedCurrent version · As enactedSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Mutual Assistance in Criminal Matters Order, 2005

Find in this law

1(1) This Order may be cited as the Mutual Assistance in Criminal Matters Order, 2005 and shall commence on a day to be appointed by the Min...

2In this Order, unless the context otherwise requires -
3The objects of this Order are to facilitate the provision and obtaining by Brunei Darussalam of international assistance in criminal matter...
4(1) This Order applies to any foreign country, subject to -
5No authority for extradition etc.

Requests by Brunei Darussalam

6A request for assistance pursuant to this Part may be made to any foreign country. Requests to be made by Attorney General.
7Requests by Brunei Darussalam for assistance under this Part shall be made by the Attorney General. ASSISTANCE IN OBTAINING ARTICLE, THING...
8(1) The Attorney General may request a foreign country to arrange for -
9The Attorney General may request a foreign country to arrange for a person in that foreign country to give evidence that would be relevant...
10
11Where, pursuant to section 10, the Attorney General has requested the assistance of a foreign country in arranging the attendance in Brunei...
12(1) Where -
13Where -
14(1) Subject to subsection (3), where a person is in Brunei Darussalam pursuant to a request made under section 10, he shall not -
15Where -
16(1) The Attorney General may request a foreign country to make arrange-ments for the enforcement of a confiscation order, a charging order...
17The Attorney General may request a foreign country to assist in effecting service of any process where the Attorney General is satisfied th...

Requests to Brunei Darussalam

20Assistance under this Part may be provided to any foreign country. Requests to be made to Attorney General.
21
22
23Every request by a foreign country for assistance under this Part shall -
24
25Assistance under this Part may be provided to a requesting country subject to and conditions as the Attorney General may determine in any p...
26A foreign country may request the Attorney General to assist in arranging -
27(1) Where, on receipt of a request made under section 26 by a foreign country, the Attorney General is satisfied that -
28(1) A foreign country may also request the Attorney General to assist for a person in Brunei Darussalam to give evidence through a live tel...
29
30Notwithstanding section 29 or any other written law, if the documents, articles or other things are in the possession of a financial instit...
31(1) Where a court orders any person under section 29 to give an authorised officer access to any document, article or other thing on any pr...
32(1) No civil or criminal action, other than a criminal action for an offence under section 33, shall lie against any person for -
33Any person who -
34(1) A foreign country may request the Attorney General to assist in the taking of a written statement from any person who is in Brunei Daru...
35(1) A foreign country may request the Attorney General to assist in arranging the attendance in that country of a person in Brunei Darussal...
36
37Where, pursuant to section 35 or 36, a foreign country requests the assistance of the Attorney General in arranging the attendance in that...
38Where, pursuant to section 35 or 36, a foreign country has requested the assistance of the Attorney General in arranging the attendance in...
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 cou...
40(1) A person who is in custody in a foreign country and has consented to give evidence or provide assistance in relation to a criminal matt...
41
42(1) A foreign country may request the Attorney General to assist in obtaining any article or thing by search or seizure.
43(1) On an application referred to in section 42, the court may issue a warrant authorising an authorised officer to enter and search the sp...
44(1) Where an authorised officer has entered premises in the execution of a warrant issued under section 43, he may seize and retain any art...
45(1) No civil or criminal action shall lie against any person for - (a/ producing or giving access to any article or thing if he had produce...
46(1) Where any authorised officer has seized any article or thing pursuant to a warrant issued under section 43, he shall deliver it into th...
47Where, pursuant to a request made under section 42 by a foreign country, a search warrant is issued under section 43, the Attorney General...
48
49(I) A foreign country may request the Attorney General to assist in effecting the service of process on a person in Brunei Darussalam.
50Where, pursuant to a request under section 49, a foreign country has requested the assistance of the Attorney General in effecting the serv...
51Where, pursuant to a request under section 49, a foreign country has requested the assistance of the Attorney General in effecting the serv...

52
53It is hereby declared for the purposes of this Order that any document or record shall not be denied legal effect, validity or enforceabili...
54
55The Attorney General may delegate to a public officer any of his powers under this Order. Regulations.
56(1.) The Minister may with the approval of His Majesty the Sultan and Yang
57The Chief Justice may, with the approval of His Mqjesty the Sultan and Yang Di-Pertuan, make Rules of Court for the purposes of this Order....

Mutual Assistance in Criminal Matters Order, 2005 · As enacted

Section 12

No plain-English summary for s 12 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

(1)

Where -

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Part

Requests to Brunei Darussalam

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Part IV

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Details

Mutual Assistance in Criminal Matters Order, 2005 · s 12

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Where this comes from

Attorney General's Chambers · Mutual Assistance in Criminal Matters Order, 2005, As enacted. Reader record updated on 2 Oct 2026.

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Updated 8 Oct 2026, 02:43