Section 23
of Mutual Assistance in Criminal Matters Order, 2005
Section 23
Every request by a foreign country for assistance under this Part shall -
(a)
be made in writing or by any other means capable of producing a written record, in the English language;
(b)
be made orally only in urgent circumstances but shall subsequently be confirmed in writing in the English language;
(c)
specify the purpose of the request and the nature of the assistance being sought;
(d)
identify the person who initiated the request; and
(e)
be accompanied by -
(i)
a statement from that country that the request is made in respect of a criminal matter;
(ii)
a description of the nature of that criminal matter and a statement setting out a summary of the relevant facts and law;
(iii)
where the request relates to -
(A)
the location of a person who is suspected to be involved in or has benefited from the commission of an offence;
or
(B)
the tracing of property that is connected with a criminal matter, the name, identity, nationality, location or description of that person, or the location and description of the property, if known, and a statement setting out the basis for suspecting the matter referred to in sub-paragraph (A) or (B);
(iv)
a description of the offence to which the criminal matter relates, including its maximum penalty;
(v)
details of the procedure that that country wishes to be followed by Brunei Darussalam in giving effect to the request, including details of the manner and form in which any information, article or thing is to be supplied to that country pursuant to that request;
(vi)
a statement setting out the wishes of that country concerning the confidentiality of the request and the reason for those wishes;
(vii)
details of the period within which that country wishes the request to be met;
(viii)
if the request involves a person travelling from Brunei
Darussalam to that country, details of allowances to which the person will be entitled, and of the arrangements his accommodation while he is in that country pursuant to that request;
(ix)
any other information required to be forwarded with the request under any treaty, memorandum of understanding or other agreement between Brunei Darussalam and that country; and
(x)
any other information that may assist in giving effect to the request or which is required under the provisions of this
Order.
Refusal of assistance.