Section 37
of Mutual Assistance in Criminal Matters Order, 2005
Section 37
Where, pursuant to section 35 or 36, a foreign country requests the assistance of the Attorney General in arranging the attendance in that country of any person to whom either of those sections applies, the Attorney General shall, before authorising such assistance in accordance with either of those sections, obtain an undertaking from that country in relation to the following matters -
(a)
that the person to whom the request relates shall not -
(i)
be detained, prosecuted, or punished for any offence against the law of the foreign country concerned that is alleged to have been committed, or that was committed, before his departure from
Brunei Darussalam, other than an offence in respect of which the
Attorney General consents to his being so detained, prosecuted or punished;
[ii) be subject to any civil proceedings in respect of any act or omission of that person that is alleged to have occurred, or that did occur, before his departure from Brunei Darussalam, being civil proceedings to which that could not have been subjected to if he were not in that country; or
[iii) be required to give or provide evidence or assistance in respect of any criminal matter in that foreign country other than the matter to which the request relates, unless that person has left that foreign country, or has had the opportunity of leaving that country and has remained there otherwise that for the purpose of giving or providing evidence or assistance in respect of the matter to which the request relates;
(b)
that any evidence given by him in the criminal proceedings to which the request relates shall be inadmissible and not otherwise used in any prosecution of that person for any offence against a law of that foreign country other than the offence of perjury or contempt of court in relation to the giving of that evidence;
(c)
that the person will be returned to Brunei Darussalam in accordance with arrangements agreed by the Attorney General as soon as practicable after giving or providing the evidence or assistance;
(d)
in a case where the request relates to a person who is a prisoner in
Brunei Darussalam and the Attorney General has requested the foreign country to make arrangements for the keeping of that person in custody while that person is in that country -
(i)
that appropriate arrangements will be made for that purpose;
(ii)
that he will not be released from custody in that country without the prior approval of the Attorney General; and
(iii)
if he is released in that country, at the request of the Attorney
General, before the completion of the proceedings to which the request relates, that his accommodation and expenses will be met by the foreign country; and
(e)
such other matters (if any) as the Attorney General thinks appropriate.
Penalty not to be imposed for refusal to consent.