Royal Brunei Armed Forces Act · s 107

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107.
Review of summary findings and awards
(1) Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, the authority mentioned in subsection (2) may at any time review the finding or award.
(2) The authority referred to in subsection (1) is —
(a) where a charge has been dealt with summarily by a commanding officer, the appropriate superior authority;
(b) where a charge has been dealt with summarily by an officer of the rank of Colonel or above in command as appropriate superior authority, the Colonel in Chief or the Commander; or
(c) where a charge has been dealt with summarily by the
Colonel in Chief or the Commander as appropriate superior authority,
His Majesty the Sultan and Yang Di-Pertuan.
(3) Where on review under this section it appears to that authority expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those

Royal Brunei Armed Forces 84
proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding.
(4) (a) If a finding in any proceedings is quashed under subsection
(3) and the award made in those proceedings relates only to the finding quashed, the authority shall also quash the award.
(b) If the award relates also to any other finding and it appears to the authority that the award was not warranted by this Act in respect of that other finding, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.
(5) Where on a review under this section it appears to that authority that a punishment awarded was invalid, or too severe, or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.
Findings of insanity etc.

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s 107Review of summary findings and awards

(1)

Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, the authority mentioned in subsection (2) may at any time review the finding or award.

(2)

The authority referred to in subsection (1) is —

(a)

where a charge has been dealt with summarily by a commanding officer, the appropriate superior authority;

(b)

where a charge has been dealt with summarily by an officer of the rank of Colonel or above in command as appropriate superior authority, the Colonel in Chief or the Commander; or

(c)

where a charge has been dealt with summarily by the

Colonel in Chief or the Commander as appropriate superior authority,

His Majesty the Sultan and Yang Di-Pertuan.

(3)

Where on review under this section it appears to that authority expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those

Royal Brunei Armed Forces 84

proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding.

(4)

(a)

If a finding in any proceedings is quashed under subsection

(3)

and the award made in those proceedings relates only to the finding quashed, the authority shall also quash the award.

(b)

If the award relates also to any other finding and it appears to the authority that the award was not warranted by this Act in respect of that other finding, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.

(5)

Where on a review under this section it appears to that authority that a punishment awarded was invalid, or too severe, or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.

Findings of insanity etc.