Section 36
of Mutual Assistance in Criminal Matters Order, 2005
Section 36
(1)
A foreign country may request the Attorney General to assist in arranging the attendance in that country for either or both of the purposes specified in subsection (2), of a person in Brunei Darussalam who is a prisoner.
(2)
The purposes referred to in subsection (1) are -
(a)
for giving evidence in relation to any criminal proceedings in that country;
(b)
for assistance in relation to a criminal matter in respect of an offence in that country.
(3)
The Attorney General may in writing authorise assistance in accordance with this section if, on receipt of a request made under subsection (I), he is satisfied that -
(a)
the request relates to the attendance of the person concerned in connection with a criminal matter in that country;
(b)
there are reasonable grounds for believing that the person concerned could give or provide evidence or assistance relevant to that criminal matter;
(c)
the person concerned has freely consented to attend as requested;
(d)
the foreign country has given an adequate undertaking in respect of the matters specified in section 37.
(4)
Where assistance is authorised in accordance with subsection (3), the
Attorney General may direct that the prisoner be released from the prison in which he is detained for the purpose of travelling to that foreign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to that country in the custody of a police officer or of a prison officer as defined in section 2 of the Prisons Act (Chapter 51).
(5)
A direction given pursuant to subsection (4) by the Attorney General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison for the purposes of the direction.
(6)
Where a person has been transferred to a foreign country in accordance with subsection (3), he shall be deemed or continue to be in legal custody when, being in Brunei Darussalam or on board a Brunei Darussalam aircraft or hovercraft or a Brunei Darussalam ship, he is being taken to or from any place or being kept in custody under the direction made by the Attorney
General under subsection (4).
(7)
A person authorised by or for the purposes of any such direction to take the prisoner to or from any place or to keep him in custody shall have all the powers, authority, protection and privileges of a police officer in Brunei
Darussalam.
(8)
If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a police officer and taken to any place directed by the
Attorney General.
(9)
This section applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying fines as it applies to a prisoner.
(10)
In subsection (6) -
"Brunei Darussalam aircraft or hovercraft" means any aircraft or hovercraft registered in Brunei Darussalam or any aircraft or hovercraft of His Majesty the Sultan and Yang Di-Pertuan;
"Brunei Darussalam ship" means a Brunei Darussalam ship as defined in subsection (1) of section 2 of the Merchant Shipping Order, 2002
(S 27/02) or a ship of His Majesty the Sultan and Yang Di-Pertuan;
In this subsection, references to aircraft, hovercraft and ships of His Majesty the
Sultan and Yang Di-Pertuan are to aircraft, hovercraft and ships which belong to or are exclusively employed in the service of His Majesty the Sultan and Yang
Di-Pertuan in right of the government of Brunei Darussalam.
Undertaking required from foreign country.