In force2021 Revised EditionCurrent version · 2021 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
Official textFrom Attorney General's Chambers, unchanged
Except as provided by this Code, the Court of Appeal shall allow an appeal against conviction if it thinks that -
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
the conviction should be set aside on the ground that it is unsafe or unsatisfactory;
the conviction should be set aside on the ground of a wrong decision on any question of law; or
there was a material irregularity in the course of the trial, and in any other case shall dismiss the appeal.
The Court of Appeal may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.
The Court of Appeal shall, if it allows the appeal, quash the conviction.
An order of the Court of Appeal quashing a conviction shall, except when under section 420 the appellant is ordered to be retried, operate as a direction to the trial Court to enter, instead of the record of conviction, a judgment and verdict of acquittal.
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;