Criminal Procedure Code · 2021 Revised Edition · Chapter X · Chapter X H
189A. Committal of accused to High Court for sentence
Official textFrom Attorney General's Chambers, unchanged
In any trial before a Magistrate in which it appears to the
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;
Magistrate after the conviction of the accused that a greater punishment should be inflicted in respect of the offence of which the accused has been convicted than such Magistrate has power to inflict, the Magistrate may, in lieu of dealing with the accused in any manner in which the Magistrate has power to deal with him, commit him to the High Court for sentence.
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
Whenever an accused is committed to the High Court under the provisions of subsection (I), the Magistrate may remand such accused in custody to a prison or to such other place as the Magistrate deems fit pending the decision of the High Court, and the High Court shall -
High Court
"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
as respects the conviction, satisfy itself as to the correctness legality or propriety of any finding and as to regularity of any proceedings of the inferior Court, and have the powers conferred upon a Judge by section 298; and
as respects the sentence, have the power to sentence the accused in accordance with the provisions of law under which he was found guilty thereof by the High Court or, if the High Court
124
Criminal Procedure Code finds the accused guilty under some other provision of law, in accordance with that provisions:
Provided that an accused whom the High Court has sentenced under this paragraph may appeal to the Court of Appeal against such sentence as if he were a person convicted before the High
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
Court appealing against sentence.
Terms defined in s 2
Court of Appeal
Defined · s 2"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
High Court
Defined · s 2"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
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…
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