Criminal Procedure Code · 2021 Revised Edition · Chapter XVII
138. Procedure in inquiries preparatory to committal
Official textFrom Attorney General's Chambers, unchanged
In the case of persons charged with any of the following offences -
offences against the State, as defined in Chapter VI of the Penal Code (Chapter 22);
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murder;
any offence in respect of which the punishment of death is authorised by law, a preliminary inquiry shall be held by a Magistrate with a view to the committal of the accused person for trial before the High Court.
A preliminary inquiry shall also be held unless the Public
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
Prosecutor otherwise directs whenever a person is accused of an offence which the Public Prosecutor has by declaration published in the Gazette declared to be an offence to which this subsection applies or if, in the case of an offence other than the foregoing if which a person may be accused, the
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
Public Prosecutor directs that a preliminary inquiry shall be held in respect of such offence.
All other cases shall be tried summarily.
The provision of section 141 is not deemed to authorise a
Magistrate to try any charge relating to an offence in respect of which a preliminary inquiry requires to be held by virtue of this section.
Magistrate
"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
Terms defined in s 2
High Court
Defined · s 2"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
offence
Defined · s 2"offence" means any act or omission made punishable by any other written law for the time being in force…
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Chapter XVIII
Chapter X
Chapter X H
Chapter XX
Chapter XXI
Chapter XXII
Chapter XX7I1
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part