Geneva Convention Order, 2005 · As enacted · Part II
Section 6
Official textFrom Attorney General's Chambers, unchanged
The court before which -
any person is brought up for trial for an offence under section 3; or
a protected prisoner of war or protected internee is brought up for trial for any offence, shall not proceed with the trial unless -
protected prisoner of war
"protected prisoner of war" means a person protected by the third Convention or a person who is protected as a prisoner of war under Protocol I;
the accused is represented by counsel; and
it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel, and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other written law, the court may remand the accused for the period of the adjournment.
Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of subsection (I), be regarded for the purposes of that subsection as representing the accused.
protecting power
"protecting power", in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a citizen, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the third Convention, the fourth Convention or Protocol I, as the case may be;
If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any time such further proceedings, in the absence of the counsel either accepted by the accused as representing him or instructed as mentioned in the subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirement of paragraph (ii] of subsection (I), be regarded for the purposes of that subsection as representing the accused.
Counsel shall be assigned, in pursuance of subsection (3), in such manner as the Minister may determine, and any counsel so assigned shall be entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the Minister may by regulations prescribe.
Minister
"Minister" means the Minister for the time being designated by His Majesty the Sultan and Yang Di-Pertuan to be responsible for this Order;
Appeals by protected persons.
Terms defined in s 2
Minister
Defined · s 2"Minister" means the Minister for the time being designated by His Majesty the Sultan and Yang Di-Pertuan to be responsible for this Order;
protected internee
Defined · s 2"protected internee" means a person protected by the fourth Convention or Protocol I and interned in Brunei Darussalam;
protected prisoner of war
Defined · s 2"protected prisoner of war" means a person protected by the third Convention or a person who is protected as a prisoner of war under Protocol I;
protecting power
Defined · s 2"protecting power", in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a citizen, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the third Convention, the fourth Convention or Protocol I, as the case may be;