Section 5

Where a Court in Malaysia or Singapore has issued a warrant in lieu of a summons or in addition to a summons for the arrest of a person under the provisions of the law of

Malaysia or Singapore corresponding to section 52 of the

Criminal Procedure Code of Brunei Darussalam, and such person is or is suspected of being in or on his way to Brunei

Darussalam, a Magistrate in Brunei Darussalam may, if satisfied that such warrant was duly issued in Malaysia or

Singapore, endorse the warrant with)1isname and designation and seal it with the seal of his Court, and such warrant may then be executed on such person as if it were a warrant issued in Brunei Darussalam under the provisions of the Criminal

Procedure Code.

Execution of a warrant issued in lieu of or in addition to summons

Cap. 7

BLR.O.111999

6

CAP.155

Summonses and Warrants (Special Provisions)

Where under the provisions of any law in force in

Malaysia or Singapore corresponding to subsection (1) a warrant issued by a Court in Brunei Darussalam has been duly endorsed in Malaysia or Singapore and executed on the person named in the warrant, such warrant shall for the purposes of the Criminal Procedure Code be deemed to have been as validly executed as if such execution had been effected in

Brunei Darussalam.

Where a warrant has been executed in Brunei

Darussalam pursuant to subsection (1), the person arrested shall be produced as soon as possible before a Magistrate in

Brunei Darussalam, who shall, if satisfied that he is the person specified in the warrant direct that the arrested person be transferred forthwith in custody to the appropriate Court in

Malaysia or Singapore and any such person shall while in such custody, be deemed for all purposes to be in lawful custody:

Provided that such Magistrate may, if for reasons to be recorded by him he is satisfied that it isin the interests ofjustice so to do, notwithstanding that the warrant of arrest contains no provision for the grant of bail to the person arrested, release such person on bail conditional of his appearing before the appropriate

Court in Malaysia or Singapore at a time to be specified in the bond and bail bond; and the provision of the

Criminal Procedure Code relating to bail and bonds shall apply to such bond and bail bond.

In addition to the liability to forfeiture of a bond and bail bond executed under the proviso to subsection (3) and to payment of the penalty thereof, the person released on such bond and bail bond who intentionally omits to appear before the appropriate Court in Malaysia or Singapore in accordance with the terms of the bond and bail bond shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred dollars, or to both.

Summonses and Warrants (Special Provisions)

CAP. 155 7

In proceedings for the forfeiture of a bond and bail bond executed under the proviso to subsection (3) and for the payment of the penalty thereof, and in a trial of an offence under subsection (4) a certificate signed by a Magistrate in

Malaysia or Singapore that the person released on such bond and bail bond had omitted to appear before the appropriate

Court in Malaysia or Singapore in accordance with the terms of the bond and bail bond shall be sufficient evidence that the person had intentionally omitted to appear before the appropriate

Court in Malaysia or Singapore in accordance with the terms of the bond and bail bond unless the contrary be proved, and no process shall issue on such Magistrate in Malaysia or Singapore or any other officer of Court in

Malaysia or Singapore to give evidence at such proceeding on behalf of any party.