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 by the Public Prosecutor under section 438A if it thinks that -
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
the acquittal should be set aside on the ground that it is unsafe or unsatisfactory;
the acquittal 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.
Notwithstanding subsection (I), the Court of Appeal may dismiss the appeal if it considers that, notwithstanding that the point raised in
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Criminal Procedure Code the appeal might be decided in favour of the Public Prosecutor, no miscarriage of justice has actually occurred.
The Court of Appeal shall, if it allows the appeal, quash the acquittal.
An order of the Court of Appeal quashing an acquittal shall, except when under section 438H the respondent is ordered to be retried, operate as a direction to the trial Court to enter, instead of the record of acquittal, a judgment and verdict of conviction.
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;