Criminal Procedure Code · 2021 Revised Edition · Chapter XXXVI
366. Power to transfer cases
Official textFrom Attorney General's Chambers, unchanged
Whenever it is made to appear to the High Court that -
High Court
"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
a fair and impartial inquiry or trial cannot otherwise be had;
some question of law of unusual difficulty is likely to arise;
a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the offence;
an order under this section will tend to the general convenience of the parties or witnesses; or
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such an order is expedient for the ends of justice, or is required by any provision of this Code, the High Court may order that any offence be inquired into or tried by any specified Court of a Magistrate competent to inquire into or try such offence, or that any particular criminal case be transferred to and tried before the High
Court, or that a person committed for trial in one place be tried in another place.
The High Court may exercise any of its powers under this section either on the report of the lower Court, or on the application of a party interested, or on its own initiative.
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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