LAWS OF BRUNEI CHAPTER 7 CRIMINAL PROCEDURE CODE …

1 LAWS OF BRUNEICHAPTER 7 CRIMINAL PROCEDURE CODEE nactment No. 16 of 1951 CHAPTER 7 of 1951 Amended byEnactment No. 7 of 1953 Enactment No. 8 of 1953 Enactment No. 1 of 1955 Enactment No. 2 of 1957 Enactment No. 1 of 1958S 5/1959S 3 of 1966S 99/1959S 140/1981S 100/1959E 11 of 1982E 2 of 1960E 16/19821984 Edition, CHAPTER 7 Amended byS 39/1984S 27/1988S 44/1999S 7/1985S 48/1989S 16/1995GN 68/1985S 51/1989S 30/1999S 37/1987S 23/1991S 4/1988S 13/19932001 Edition, CHAPTER 7 Amended byS 63/2002S 6/2006S 25/2014GN 273/2002S 9/2006S 51/2014S 62/2004S 4/2007S 6/2016S 32/2005S 26/2012 REVISED EDITION 2016 1/2016 LAWS OF BRUNEIC riminal PROCEDURE 1/20161 CAP. 7 LAWS OF BRUNEIREVISED EDITION 2016 CHAPTER 7 CRIMINAL PROCEDURE CODEARRANGEMENT OF SECTIONSS ectionPA RT IPRELIMINARY CHAPTER I and application of offences under Penal code and against other written laws of powers of Supreme CourtPA RT I ICONSTITUTION AND POWERS OF CRIMINAL COURTSC hapter IICriminal Courts generally of CRIMINAL Courts to be open 6A.

2 Section 6 read subject to other ActsLAWS OF BRUNEIC riminal PROCEDURE CodeCAP. 72 of Courts under other written laws which High Court may pass which Courts of Magistrates may pass of Magistrates to sentence to imprisonment in default of fine in case of conviction of several offences at one offences jurisdiction of trainingPA RT I I IGENERAL PROVISIONS CHAPTER IIIAid and information to Magistrates and police and persons making arrests when to assist Magistrates and police to persons other than police officer executing warrant to give information of certain matters officer bound to report certain matters CHAPTER IVArrest, escape and re-taking , how made of place entered by persons sought to be arrested of persons in place searched under warrant to break open any place for purposes of liberationLAWS OF BRUNEIC riminal PROCEDURE 1/20163 CAP.

3 7 of searching women of persons arrested section to seize offensive weapons of person for name and address police officer may arrest without warrant to give name and residence or naming residence outside BRUNEI Darussalam arrested by District Officer, how dealt with of offenders by private persons person arrested is to be dealt with of person arrested committed in Magistrate s presence by or in presence of Magistrate on escape to pursue and re-take of sections 20 and 22 to apply to arrests under section 37 CHAPTER VProcesses to compel appearanceSummons of summons; by whom served of summons when personal service cannot be effected of serviceLAWS OF BRUNEIC riminal PROCEDURE CodeCAP. 74 warrant of arrest of warrant of arrest may by indorsement on warrant direct security to be taken , to whom directed of substance of warrant arrested to be brought before Court without delay sectionProclamation and attachment for person absconding of property of person proclaimed of attached propertyOther rules regarding summonses to appear and warrants of arrest of warrant in lieu of or in addition to summons and execution in any part of BRUNEI Darussalam to take bond for appearance on breach of bond for appearance CHAPTER VI Processes to compel production of documents and other movable property and for discovery of persons wrongfully confined to produce property or document as to postal articles etc.

4 Of sections 39 to 42 to applyLAWS OF BRUNEIC riminal PROCEDURE 1/20165 CAP. 7 search warrants search warrant may be issued to restrict warrant of place suspected to contain stolen property, forged documents etc. of search warrant for persons wrongfully confined in charge of closed places to allow search issuing search warrant may attend at its execution may direct search in his presence without warrant section of all things seized to be made and signed may be present at searchPA RT I V PREVENTION OF OFFENCES CHAPTER VIIS ecurity for keeping peace and for good behaviour for keeping peace on conviction for keeping peace in other cases for good behaviour from suspected persons, vagrants and persons, disseminating seditious matter for good behaviour from habitual offenders or warrant if required of summons or warrant to be heldLAWS OF BRUNEIC riminal PROCEDURE CodeCAP.

5 76 to give security of persons informed againstProceedings in all cases subsequent to order to furnish security of period for which security is required of bond to reject sureties in default of sureties to release person imprisoned for failing to give security to report in cases in which security has been ordered by superior Court of security CHAPTER VIIIU nlawful assemblies assembly may be ordered to disperse by Magistrate etc. unlawful assembly may be dispersed by use of civil force of military force may require any officer in command of troops to disperse unlawful assembly commissioned officer may disperse unlawful assembly by military force against prosecution for acts done under this CHAPTER CHAPTER IXPublic nuisances may make conditional order for removal of nuisance order to be served or notifiedLAWS OF BRUNEIC riminal PROCEDURE 1/20167 CAP.

6 7 against whom order is made to appear and show cause of failure to do so on appearance to show cause on order being made absolute of disobedience to pending final to prohibit repetition or continuance of public nuisance CHAPTER XTemporary orders in urgent cases of to issue order absolute at once in urgent cases CHAPTER XIDisputes as to immovable where dispute concerning land etc. is likely to cause breach of to attach subject of concerning rights over land or as to costs CHAPTER XIIP reventive action of to prevent of design to commit to prevent such of injury to public propertyLAWS OF BRUNEIC riminal PROCEDURE CodeCAP. 78PA RT VINFORMATION TO POLICE AND THEIRPOWERS TO INVESTIGATE CHAPTER XIIID uties of police officer on receiving information about of of police to investigate permitted to take body for sections 112A and not to have right to compel police officer to investigate alleged of special officer s power to require attendance of of witnesses by to police of by written by formal to account for objects.

7 Substances or to account for for sections 117D and 117E and in which inferences may be drawn from accused s failure to mention particular facts when charged to record statements and by police officer may require bond for appearance of complainant and witnessesLAWS OF BRUNEIC riminal PROCEDURE 1/20169 CAP. of travel of travel of proceedings in police of police officerPA RT V IPROCEEDINGS IN PROSECUTIONS CHAPTER XIVJ urisdiction of CRIMINAL Courts in inquiries and trials124. sections Conditions requisite for initiation of to take cognisance of required for prosecution for certain offences CHAPTER of of issue of of complaint CHAPTER XVIC ommencement of of attendance of accused may be dispensed withLAWS OF BRUNEIC riminal PROCEDURE CodeCAP.

8 710 CHAPTER XVIIP reliminary inquiries into cases triable by High in inquiries preparatory to for trial where accused wishes to plead and taking of evidence for accused person to be charge to be of accused if defence reserved. Hearing and evidence for or committal of of witnesses for defence on of to be forwarded to trial to summon supplementary of accused pending for trial without consideration of statements in lieu of depositions CHAPTER of as to time, place and manner of committing offence must be of words used in charge to describe of errorsLAWS OF BRUNEIC riminal PROCEDURE 1/201611 CAP. on arraignment on imperfect or erroneous may alter or add to trial may proceed immediately after alteration or new trial may be directed or trial of proceedings if prosecution of offence in altered charge requires prior of witnesses when charge of material charges for distinct of for more than one it is doubtful what offence has been person charged with one offence can be convicted of charged with offence can be convicted of charged with offence can be convicted of persons may be charged of remaining charges on conviction on one of several of charges CHAPTER XIXT rials without aid of to be read and explained.

9 Conviction on plea of when no admission is no prima facie prima facie caseLAWS OF BRUNEIC riminal PROCEDURE CodeCAP. and sentence on of of Prosecutor may decline to further prosecute at any to award to be of of accused to High Court for sentence CHAPTER XX Trials of capital of capital and certain other offences191. sections CHAPTER XXIA ssessors206. sectionsChapter XXIIG eneral provisions as to inquiries and or evidence of accused217. to undefended for prosecution to be explained by Court to accusedLAWS OF BRUNEIC riminal PROCEDURE 1/201613 CAP. where accused does not understand to postpone or adjourn of Magistrate during hearing or of offenders attending in to or public holiday CHAPTER XXIIIMode of taking and recording evidence in inquiries and to be taken in presence of of recording of of recording over evidence and of evidence to as to demeanour of to take notes of persons may be authorised to take notes of through live video or live television recordings of evidence from of court for sections 236B and of alleged child of this of this may be recorded by mechanical means or combination of mechanical means and modesLAWS OF BRUNEIC riminal PROCEDURE CodeCAP.

10 Record to be custody of electronic record and filing, lodgement, submission and transmission of of Practice Direction CHAPTER of delivering on of certain offences on persons in respect of whom sentence of death against person under 18 of not to be to be explained to accused and copy supplied242. sections CHAPTER XXVS ubmission of sentences of death toHis Majesty the Sultan and Yang of sentence of death to His Majesty the Sultan and Yang Di-Pertuan CHAPTER XXVIE xecution of of sentences of where it is alleged that woman convicted of capital offence is pregnantLAWS OF BRUNEIC riminal PROCEDURE 1/201615 CAP. of unsound at of for of commencement of of sentences of as to sentences of in of imprisonment when fine time to pay fine and suspending execution of of executing sentence of persons not punishable with certificate if whipping cannot be of sentence of imprisonment on prisoner already undergoing offenders may be dealt with as provided by Children and Young Persons Act ( CHAPTER 219) may be dealt with as provided by Offenders (Probation and Community Service) Act ( CHAPTER 220) of police from persons subject to for non-compliance with section , by whom issuable.