Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
438. Costs
Official textFrom Attorney General's Chambers, unchanged
This section applies to any appeal -
under section 4 14 against conviction;
under section 412 against a verdict of not guilty by reason of insanity;
under section 426 against a finding that the appellant is under disability.
Where an appeal to which this section applies is allowed, the
Court of Appeal may, subject to subsection (3), order the payment out of the public revenue of the costs of the appellant.
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
No order shall be made under this section where -
in the case of an appeal referred to in subsection (l)(a), the appellant is ordered under section 420 to be retried;
in the case of an appeal referred to in subsection (l)(b), the provisions of section 425(4)(a) apply; or
in the case of an appeal referred to in subsection (l)(c)
the provisions of section 428(4) apply.
The costs payable under this section shall be such sums as appear to the Court of Appeal reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the trial Court or before a Magistrate.
The amount of costs ordered to be paid under this section shall, except where the amount is fixed by the Court of Appeal, be ascertained by the Registrar.
Registrar
"Registrar" means the Chief Registrar, a Deputy Chief Registrar, a Senior Registrar or a Registrar of the Supreme Court and includes a Deputy or Assistant Registrar;
Chapter XLNA
Appeals by Public Prosecutor
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;
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;
Registrar
Defined · s 2"Registrar" means the Chief Registrar, a Deputy Chief Registrar, a Senior Registrar or a Registrar of the Supreme Court and includes a Deputy or Assistant Registrar;