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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · General

28. Powers of investigation

(1)

An investigation officer authorised by the Commissioner may, in relation to any offence under this Act (except any offence under section 25)

or any regulations made under this Act, on declaration of the office of the investigation officer and production to the person against whom the investigation officer is acting such identification card as the Commissioner may direct to be carried —

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(a)

require any person whom the investigation officer reasonably believes to have committed that offence to furnish evidence of the person’s identity;

(b)

require, by written notice, any person whom the investigation officer reasonably believes has —

(i)

any information; or

(ii)

any document in the custody or control of the person, that is relevant to the investigation, to furnish that information or document within the time and manner specified in the written notice;

(c)

require, by order in writing, the attendance before the investigation officer of any person within the limits of

Brunei Darussalam who, from any information given or otherwise obtained by the investigation officer, appears to be acquainted with the facts or circumstances of the case; or

(d)

examine orally any person who appears to be acquainted with the facts or circumstances of the case —

(i)

whether before or after that person or anyone else is charged with an offence in connection with the case; and

(ii)

whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the case.

(2)

The person mentioned in subsection (1)(d) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(3)

A statement made by a person examined under subsection (1)(d)

shall —

(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted to the person in a language that the person understands; and

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(d)

after correction (if necessary), be signed by the person.

(4)

If any person fails to attend as required by an order under subsection (1)(c), the investigation officer may report such failure to a

Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.

(5)

An investigation officer may, without payment, take possession or make copies of any document (or any part of it) furnished under subsection (1), for further investigation.

(6)

Any person who —

(a)

refuses to give access to, or assaults, obstructs, hinders or delays, an investigation officer in the discharge of the duties of the investigation officer under this Act;

(b)

wilfully misstates or without lawful excuse refuses to give any information or produce any document required by an investigation officer under subsection (1); or

(c)

fails to comply with a lawful demand of an investigation officer in the discharge of the duties of the investigation officer under this Act, is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 12 months or both.

(7)

In this section and section 29, “investigation officer” means the

Deputy Commissioner, or any Assistant Commissioner or cybersecurity officer authorised by the Commissioner, exercising the powers of investigation under this section or section 29.

Report

Read on from s 29

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