Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
437. Restitution
Official textFrom Attorney General's Chambers, unchanged
The operation of an order for the restitution of property to a person made on a conviction by the High Court shall (unless the trial Court directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended -
High Court
"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
in any case, until the expiration of 28 days from the date of conviction; and
where notice of appeal is given within 28 days from the date of conviction, until the determination of the appeal.
In cases where the operation of such an order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal.
Provision may be made by rules and orders made under section 441 for securing the safe custody of any property pending the suspension of the operation of any such order.
The Court of Appeal may by order annul or vary any order made by the trial Court for the restitution of property to any person, although
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
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Criminal Procedure Code the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
Terms defined in s 2
Court of Appeal
Defined · s 2"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
High Court
Defined · s 2"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
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