Criminal Procedure Code · 2021 Revised Edition · Chapter XXII
226. Change of Magistrate during hearing or inquiry
Official textFrom Attorney General's Chambers, unchanged
Whenever any Magistrate after having heard and recorded the whole or any part of the evidence in an inquiry or a trial ceases to exercise jurisdiction therein and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the inquiry or trial:
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;
Provided that -
in any trial the accused may, when the second Magistrate commences his proceedings, demand that the witnesses or any of them be re-summoned and heard;
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the High Court may, whether there be an appeal or not, set aside any conviction had or commitment made on evidence not wholly recorded by the Magistrate before whom the conviction was had or the commitment made, if such Court is of opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial.
High Court
"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
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;
Chapter XX7I1
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
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