Criminal Procedure Code · s 340A

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340A.
(No sections).
Chapter XYXIV
Directions of nature of habeas corpus
Power of Court to make certain orders 341.
The High Court may, whenever it thinks fit, direct that -
(a) any person be set at liberty who -
(i) is detained in any prison within Brunei Darussalam or a warrant of extradition; or

Criminal Procedure Code
CAP.7 183
(ii) is alleged to be illegally or improperly detained in public or private custody within
Brunei
Darussalam;
(b) any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law.
Form of application 342.
Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by oral evidence or affidavit stating where and by whom the person is detained and, so far as they are known, the facts relating to such detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause.
Warrant 343.
(1) In any case in which the Court orders a person in custody to be brought before it, a warrant in writing shall be prepared and signed by the
Judge or Registrar and sealed with the seal of the Court.
(2) Such warrant shall, unless otherwise ordered, be delivered to the applicant who shall cause it to be served personally upon the person to whom it is directed or otherwise as the Court shall direct.
Attendance of prisoner in criminal case 344.
(1) Whenever the presence of any person detained in a prison situate within Brunei Darussalam is required in any criminal Court, the Court may issue a warrant addressed to the officer in charge of the prison requiring the production of such person before the Court in proper custody at a time and place to be named in the warrant.
(2) The officer in charge of the prison shall cause the person named in the warrant to be brought as directed and shall provide for his safe custody during his absence from prison.
(3) Every such Court may, by indorsement on the warrant, require the person named in the warrant to be brought up at any time to which the matter wherein such person is required, is adjourned.

184 CAP. 7
Criminal Procedure Code
(4) Every warrant shall be sealed with the seal of the Court and signed by the Judge, Registrar or Magistrate, as the case may be.
Appeal 345.
Any person aggrieved by any decision or direction of the Court under this Chapter may appeal to the Court to which an appeal ordinarily lies.

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s 340A

(No sections).

Chapter XYXIV

Directions of nature of habeas corpus

Power of Court to make certain orders 341.

The High Court may, whenever it thinks fit, direct that -

(a)

any person be set at liberty who -

(i)

is detained in any prison within Brunei Darussalam or a warrant of extradition; or

(ii)

is alleged to be illegally or improperly detained in public or private custody within

Brunei

Darussalam;

(b)

any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law.

Form of application 342.

Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by oral evidence or affidavit stating where and by whom the person is detained and, so far as they are known, the facts relating to such detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause.

Warrant 343.

(1)

In any case in which the Court orders a person in custody to be brought before it, a warrant in writing shall be prepared and signed by the

Judge or Registrar and sealed with the seal of the Court.

(2)

Such warrant shall, unless otherwise ordered, be delivered to the applicant who shall cause it to be served personally upon the person to whom it is directed or otherwise as the Court shall direct.

Attendance of prisoner in criminal case 344.

(1)

Whenever the presence of any person detained in a prison situate within Brunei Darussalam is required in any criminal Court, the Court may issue a warrant addressed to the officer in charge of the prison requiring the production of such person before the Court in proper custody at a time and place to be named in the warrant.

(2)

The officer in charge of the prison shall cause the person named in the warrant to be brought as directed and shall provide for his safe custody during his absence from prison.

(3)

Every such Court may, by indorsement on the warrant, require the person named in the warrant to be brought up at any time to which the matter wherein such person is required, is adjourned.

184 CAP. 7

Criminal Procedure Code

(4)

Every warrant shall be sealed with the seal of the Court and signed by the Judge, Registrar or Magistrate, as the case may be.

Appeal 345.

Any person aggrieved by any decision or direction of the Court under this Chapter may appeal to the Court to which an appeal ordinarily lies.