Mutual Assistance in Criminal Matters Order, 2005 · As enacted · Part · Requests to Brunei Darussalam
Section 48
Official textFrom Attorney General's Chambers, unchanged
A foreign country may request the Attorney General to assist in locating, or identifying and locating, a person who is believed to be in Brunei
Darussalam.
Where, on receipt of a request made under subsection (I], the Attorney
General is satisfied that -
the request relates to a criminal matter in that country; and
there are reasonable grounds for believing that the person to whom the request relates -
(i] is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and
is in Brunei Darussalam, the Attorney General may in writing authorise assistance in accordance with this section.
Where, in relation to a request made under subsection (I), the Attorney
General has authorised assistance in accordance with this section, the Attorney
General shall forward that request to the appropriate agency in Brunei
Darussalam.
The appropriate agency referred to in subsection (3) shall use its best endeavours to locate or, as the case may be, identify and locate the person to whom the request relates, and shall advise the Attorney General of the outcome of those endeavours.
On receipt of such advice, the Attorney General shall inform the foreign country of the result of the inquiries made pursuant to the request.
ASSISTANCE IN ARRANGING SERVICE OF PROCESS
process
"process" means any summons, warrant, order or other document in respect of a criminal matter issued - (a/ out of any court of Brunei Darussalam, any Judge or Registrar of the Supreme Court, or any judicial officer of the Court of Magistrate; or (b/ out of any court of a foreign country or by any judge, magistrate or other officer of such a court;
Assistance in arranging service.
Terms defined in s 2
criminal matter
Defined · s 2"criminal matter" includes a criminal investigation, any criminal proceeding and an ancillary criminal matter;
process
Defined · s 2"process" means any summons, warrant, order or other document in respect of a criminal matter issued - (a/ out of any court of Brunei Darussalam, any Judge or Registrar of the Supreme Court, or any judicial officer of the Court of Magistrate; or (b/ out of any court of a foreign country or by any judge, magistrate or other officer of such a court;