Criminal Procedure Code · 2021 Revised Edition · Chapter XLI
382. Order for payment of costs of prosecution and compensation
Official textFrom Attorney General's Chambers, unchanged
When a person is convicted of any crime or offence, the
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
Court may, in its discretion, make either or both of the following orders against him in addition to any other punishment -
an order for the payment by him of the costs of his prosecution or such part thereof as the Court directs;
an order for the payment by him of a sum to be fixed by the Court by way of compensation to any person, or the representatives of any person, injured in respect of his person, character or property by the crime or offence for which the sentence is passed.
The Court shall specifj the person to whom any sum in respect of costs or compensation as mentioned in subsection (I), is to be paid, and payment thereof may be enforced in the same manner as if the amount thereof were a fine, or in such other manner as the law for the time being directs.
fine
"fine" includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any written law for the time being in force by any Court in Brunei Darussalam;
The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction be given, an order for payment of costs shall have priority over an order for payment of compensation.
An order for payment under this section shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages but the Court shall take into account the amount of compensation paid under the order.
Every order made under this section by a Magistrate shall be appealable to the Court to which an appeal ordinarily lies.
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;
The powers conferred by this section may be exercised on appeal, reference or revision.
reference
"reference" means a reference of a point of law to the Court of Appeal under this Chapter. Reference to Court of Appeal 406.
Terms defined in this Act
fine
Defined · s 2"fine" includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any written law for the time being in force by any Court in Brunei Darussalam;
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…
reference
Defined · s 405"reference" means a reference of a point of law to the Court of Appeal under this Chapter. Reference to Court of Appeal 406.
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