Criminal Procedure Code

Article 84C of the Constitution of Brunei Darussalam, and nothing in this

Code shall be construed as conferring on any court any jurisdiction or power to entertain any proceedings referred to in Article 84C of the Constitution of

Brunei Darussalam.

"bailable offence" means an offence shown as bailable in

Schedule 1 to this Code or which is made bailable by any other written law for the time being in force;

"Chief Justice" means the Chief Justice of the Supreme Court for Brunei Darussalam;

"Commissioner of Police" means the Commissioner of

Police, Royal Brunei Police Force;

"complaint" means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;

30

Criminal Procedure Code

"Court" means the High Court and a Court of a Magistrate;

"Court of Appeal" means the Court of Appeal of the Supreme

Court for Brunei Darussalam;

"District Officer" includes, where the context so permits, a

Dato Penghulu, a Penghulu and a Ketua;

"fine" includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any written law for the time being in force by any Court in Brunei Darussalam;

"High Court" means the High Court of the Supreme Court for

Brunei Darussalam;

"inquiry" includes every inquiry conducted under this Code before a Magistrate;

"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;

"judicial proceedings" means any proceedings in the course of which evidence is or may be legally taken;

"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts

Act (Chapter 6) or under any written law;

"medical officer" means a registered medical practitioner employed by Government and if no such oficer is available then any other duly registered medical practitioner or any hospital assistant authorised by the Director-General of

Medical Services either generally or for any specific purpose to exercise the functions of a medical officer under this Code;

"non-bailable offence" means an offence other than a bailable offence;

"non-seizable offence" means an offence for which and

"non-seizable case" means a case in which a police oficer may not ordinarily arrest without warrant according to the third column of Schedule 1 or under the provisions of any other written law for the time being in force;

"offence" means any act or omission made punishable by any other written law for the time being in force;

"officer in charge of a police district or police station" means the officer appointed to perform the duties of that office and when such officer is absent therefrom or unable from illness to perform his duties, the police officer present and acting in the district or station who is next in rank below such officer;

"place" includes a house, building, tent and vessel;

"Police District" means any area which has been constituted a police district by regulations made under the Royal Brunei

Police Force Act (Chapter 50), and unless and until districts are so constituted means an ordinary administrative district;

"police officer" means any member of the Royal Brunei

Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;

"postal article" means any letter, postcard, book, document, pamphlet, sample parcel or package or other article whatsoever transmitted by post;

"Registrar" means the Chief Registrar, a Deputy Chief

Registrar, a Senior Registrar or a Registrar of the Supreme

Court and includes a Deputy or Assistant Registrar;

"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act (Chapter 184);

[S 7/20] 91

"seizable offence" means an offence for which, and "seizable case" means a case in which, a police officer may ordinarily arrest without warrant according to the third column of

Schedule 1 or under the provisions of any other written law for the time being in force;

"summons case" means a case relating to an offence not being a warrant case;

"Supreme Court" means the Supreme Court of Brunei

Darussalam established by the Supreme Court Act

(Chapter 5);

"warrant case" means a case relating to an offence punishable with death or with imprisonment for a term exceeding 6 months;

32

Criminal Procedure Code

"youthful offender" includes any child convicted of an offence punishable by fine or imprisonment who, in the absence of legal proof to the contrary, is above the age of 7

years and under the age of 18 years in the opinion of the

Court before which such child is convicted.

Penal Code (Chapter 22) and not hereinbefore defined are deemed to have the meanings attributed to them by that Code.

Enforcement Officer shall have all the powers of a police officer under this

Code.