Geneva Convention Order, 2005 · As enacted · Part II
Section 7
Official textFrom Attorney General's Chambers, unchanged
A protected prisoner of war or protected internee who has been convicted and sentenced to death or to imprisonment for a term exceeding 2 years may appeal ?.gainst the conviction and sentence imposed on him.
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;
Notwithstanding anything in any written law relating to appeals, where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a term exceeding 2 years, the time within which he must give notice of appeal to the Court of Appeal shall be the period from the date of conviction or, in the case of an appeal against sentence, of sentencing, to the expiration of 10 days after the date on which he receives a notice given -
protected internee
"protected internee" means a person protected by the fourth Convention or Protocol I and interned in Brunei Darussalam;
in the case of a protected prisoner of war, by an officer of the Royal
Brunei Armed Forces; or
in the case of a protected internee, by or on behalf of the Director of Prisons, that protecting power has been notified of his conviction and sentence.
Notwithstanding anything in written law relating to appeals, the time within which the person must apply to the Attorney General for a certificate authorising an appeal to the Court of Appeal shall be the period from the date of the previous decision on appeal until 7 days after the date on which he receives a notice given by a person referred to in paragraph (a) or (b) of subsection (2) that the protecting power has been notified of the decision of the court on the previous appeal.
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;
Where subsection (1) or (2) apply in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and a provision of a law relating to the reverting of property on conviction shall not take effect in relation to the conviction while an appeal by the convicted person against his conviction or sentence is possible.
( 5 ) Subsections (1) and (2) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.
Reduction of sentence and custody of protected prisoners of war and internees.
Terms defined in s 2
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;