Criminal Procedure Code · 2021 Revised Edition · Part 8
317. Release of person of unsound mind pending investigation or trial
Official textFrom Attorney General's Chambers, unchanged
Whenever an accused person is found to be of unsound mind and incapable of malung his defence, the Court, if the offence charged is bailable, may in its discretion release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Court or such officer as the Court appoints in that behalf or -
in the case of a Court of a Magistrate, remand him to a prison or hospital or other suitable place of safe custody and refer the case to a Judge who may -
release him on security being given as provided in this subsection;
make further enquiry or direct that further enquiry be made or order him to be tried; or
order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister*;
in the case of the High Court, order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister* but without prejudice to the provisions of section 323.
Transferred from the Minister of Law to the Permanent Secretary, Office of the Prime Minister, with effect from 26th July 1983 -
If the offence charged is non-bailable, the Court -
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
in the case of a Court of a Magistrate, shall remand the accused person to a prison or hospital or other suitable place of safe custody and refer the case to a Judge who may -
release him on security being given as provided in subsection (1);
make further enquiry or direct that further enquiry be made or order him to be tried; or
order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister*;
in the case of the High Court -
release him on security being given as provided in subsection (1); or
order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary to the Office of the
Prime Minister*.
Where any case is reported to the Permanent Secretary to the
Ofice of the Prime Minister* under the provisions of subsection (1) or (2), the Permanent Secretary to the Office of the Prime Minister* shall order the accused person to be confined in a psychiatric facility, prison or other suitable place of safe custody during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.
Inquiry or trial 3 18. When the accused has been released under section 3 17, the Court may at any time require him to appear or be brought before it and may again proceed under section 3 1 5.
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
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;
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…
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part