Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
438H. Retrial
Official textFrom Attorney General's Chambers, unchanged
Where the Court of Appeal allows an appeal by the Public
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
Prosecutor against an acquittal and it appears to the Court of Appeal that the interests of justice so require, it may order the respondent to be retried.
The respondent shall not under this section be ordered to be retried for any offence other than -
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
the offence in respect of which he was acquitted and in respect of which the appeal is allowed as mentioned in subsection (1);
an offence of which he could have been convicted at the original trial on a charge for the first-mentioned offence;
an offence charged in an alternative count in respect of which the Judge did not give a verdict; and
any other offence which may have been disclosed by evidence adduced at the original trial.
Supplementary provisions as to retrial 4381.
A person who is to be retried for an offence in pursuance of an order under section 438H shall be tried on a fiesh charge preferred by the
Public Prosecutor.
The Court of Appeal may, on ordering a retrial, make such orders as appear to it to be necessary or expedient for -
the detention in custody or admission to bail of the person ordered to be retried, pending his retrial; or
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the retention pending the retrial of any property or money howsoever paid by virtue of the original acquittal or of any order made on that acquittal.
If the person ordered to be retried was, immediately before the determination of the appeal by the Public Prosecutor, liable to be detained in pursuance of a finding made under Chapter XXXI -
that finding shall continue in force pending the retrial as if the appeal of the Public Prosecutor had not been allowed; and
any order made by the Court of Appeal under this section for his detention in custody or admission to bail shall have effect subject to that finding.
Appeal by Public Prosecutor against sentence 4385.
Notwithstanding any other provision of this Code or of any other written law, the Public Prosecutor may appeal to the Court of Appeal against any sentence passed on any person by the High Court (not being a sentence fixed by law) in the exercise of its original criminal jurisdiction.
High Court
"High Court" means the High Court of the Supreme Court for Brunei Darussalam;
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;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
offence
Defined · s 2"offence" means any act or omission made punishable by any other written law for the time being in force…