Criminal Procedure Code · 2021 Revised Edition · Part 8
321. Order for detention
Official textFrom Attorney General's Chambers, unchanged
When a special finding under section 320 is made by any
Court of a Magistrate, it shall report the case for the order of a Judge and shall meanwhile order the person in respect of whom it has made the finding, to be kept in custody in any prison or hospital or in such place and in such manner as the Court shall direct.
If the Judge is satisfied with such special finding, he shall order that such person be confined in a psychiatric facility, prison or other suitable place of safe custody pending the order of the Permanent Secretary to the Ofice of the Prime Minister* under subsection (5).
Judge
"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
If, after such inquiry as he considers necessary, the Judge is not satisfied with the special findings, he may make further inquiry or direct that further inquiry be made or order a new trial on the same or on an
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
Transferred from the Minister of Law to the Permanent Secretary, Office of the Prime Minister, with effect from 26th July 1983 -
37/1999]
amended charge with such direction to the Court of a Magistrate as he shall think fit.
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;
When a special finding under section 320 is made by the
High Court, it shall report the case to the Permanent Secretary to the Office of the Prime Minister* and order the person in respect of whom it has made such finding to be confined in a psychiatric facility, prison or suitable place of safe custody pending the order of the Permanent Secretary to the Office of the Prime Minister* under subsection (5).
High Court
"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
Where any case has been reported to the Permanent Secretary to the Office of the Prime Minister* under subsection (2) or (4), the
Permanent Secretary to the Office of the Prime Minister* shall order the person in respect of whom a special finding has been made 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.
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;
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part