Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
438F. Special finding
Official textFrom Attorney General's Chambers, unchanged
This section applies on an appeal by the Public Prosecutor against an acquittal of a person in whose case the Judge has made a special finding.
Judge
"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
If the Court of Appeal considers that a wrong conclusion had been arrived at by the Judge, it may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law.
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
Finding of insanity or unfitness to plead 438G
Where, on an appeal against an acquittal by the Public
Prosecutor, the Court of Appeal is of the opinion that -
the proper verdict would have been one of not guilty by reason of insanity; or
the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the respondent was under disability, the Court of Appeal shall make an order that the respondent be admitted to a prison or hospital as the Court of Appeal may direct.
On making an order under this section, the Court of Appeal a may give such directions as it thinks fit for the detention of the respondent pending his admission to a prison or hospital.
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;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;