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Royal Brunei Armed Forces Act · s 184

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s 184Arrest of deserters and absentees without leave

(1)

Where no police officer or District Officer is available (to exercise the powers of arrest conferred by section 28(1)(f) of the Criminal

Procedure Code (Chapter 7), any member of the Armed Forces or the

Reserve Regiment or any other person, may arrest any person whom he has

Royal Brunei Armed Forces reasonable cause to suspect of being a member of the Armed Forces or the

Reserve Regiment who has deserted or is absent without leave.

(2)

Any person having authority under any written law to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being within his jurisdiction a member of the Armed Forces or the Reserve Regiment who has deserted or is absent without leave or is reasonably suspected of having deserted or of being absent without leave, may issue a warrant authorising his arrest.

(3)

Any person in custody in pursuance of this section shall as soon as practicable be brought before a Court of a Magistrate.

(4)

A person shall also be brought before a Court of a Magistrate if having been brought before such a court by virtue of subsection (3) or of section 33 of the Criminal Procedure Code (Chapter 7) and discharged by the court by virtue of section 185(3) —

(a)

he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section 74, or under a warrant issued under section 189;

(b)

the question whether he is in fact in desertion or absent without leave raises any issue which was investigated by the court discharging him; and

(c)

he does not admit that he is in desertion or absent without leave to the person arresting him under section 74 or, as the case may be, to the person into whose custody he is delivered pursuant to section 189.