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Royal Brunei Armed Forces Act · s 165

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s 165Reference of cases by Judge Advocate General or Minister

(1)

If, in the case of the conviction of a person by court-martial —

(a)

it appears to the Judge Advocate General that the finding of the court-martial involves a point of law of exceptional importance which in his opinion should be determined by the Court of Appeal; or

(b)

it appears to the Minister upon consideration of matter appearing to him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Court of Appeal, the Judge Advocate General or the Minister, as the case may be, may refer the finding to the court.

(2)

A reference to the Court of Appeal under subsection (1) shall, for all purposes other than those of sections 162 and 163, be treated as an appeal by the person convicted against his conviction.

(3)

The provisions of this section apply in the case of a finding by a court-martial of not guilty by reason of insanity as they apply in the case of the conviction of a person by court-martial.