Royal Brunei Armed Forces Act · s 73

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73.
Scale of punishment and supplementary provisions
(1) The punishments which may be awarded by sentence of a court-martial under this Act are, subject to the following provisions of this section, as follows —
(a) death;
(b) imprisonment;
(c) dismissal with disgrace from the service of His Majesty the
Sultan and Yang Di-Pertuan;
(d) dismissal from the service of His Majesty the Sultan and
Yang Di-Pertuan;
(e) detention for a term not exceeding 2 years;
(f)
forfeiture of seniority for a specified term or otherwise;
(g) reduction to the ranks or any less reduction in rank;
(h) fine;
(i)
severe reprimand;

Royal Brunei Armed Forces 58
(j)
reprimand;
(k) in the case of an offence which has occasioned any expense, loss or damage, stoppages; and
(l)
such minor punishments as may from time to time be prescribed, and references in this Act to any punishment provided by this Act are, subject to the limitation imposed in any particular case by the addition of the word “less”, references to any one or more of those punishments.
(2) For the purposes of this Part, a punishment specified in any paragraph of subsection (1) shall be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it:
Provided that detention is not deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment.
(3) Subsection (1) shall have effect in relation to a convicted person who is —
(a) an officer, with the omission of paragraphs (e), (g) and (l);
(b) a warrant officer, with the omission of paragraphs (f) and
(l);
(c) a non-commissioned officer, with the omission of paragraph (f); and
(d) a soldier, with the omission of paragraphs (f), (g), (i) and
(j).
(4) A person sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgrace from the service of His
Majesty the Sultan and Yang Di-Pertuan or to dismissal from such service:
Provided that if the court-martial fails to give effect to this subsection, their sentence shall not be invalid, but is deemed to include a sentence of dismissal from the service of His Majesty the Sultan and Yang Di-Pertuan.

Royal Brunei Armed Forces
(5) A warrant officer or non-commissioned officer sentenced by a court-martial to imprisonment, to dismissal from the service of His Majesty the Sultan and Yang Di-Pertuan (whether or not with disgrace), or to detention, shall also be reduced to the ranks:
Provided that, if the court-martial fails to give effect to this subsection, their sentence shall not be invalid, but is deemed to include a sentence of reduction to the ranks.
(6) The amount of a fine that may be awarded by a court-martial —
(a) except in the case of an offence against section 72, shall not exceed the amount of the offender’s pay for 28 days or, where the offence was committed on active service, 56 days; and
(b) in the excepted case of an offence against section 72 —
(i) where the civil offence constituting an offence against that section is punishable by a fine, shall not exceed the maximum amount of the fine which the Magistrate is authorised to award by virtue of any written law other than a notification by the Chief Justice conferring special jurisdiction upon the Magistrate pursuant to section 11(1)(a) of the Criminal Procedure Code
(Chapter 22); and
(ii) where that civil offence is punishable only by the High
Court and is so punishable by a fine, shall not exceed the maximum amount of the fine;
and for the purposes of this subsection, a day’s pay, as regards a person found guilty of an offence, is deemed to be the gross pay that is, or would (apart from any forfeiture or deduction) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.
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s 73Scale of punishment and supplementary provisions

(1)

The punishments which may be awarded by sentence of a court-martial under this Act are, subject to the following provisions of this section, as follows —

(a)

death;

(b)

imprisonment;

(c)

dismissal with disgrace from the service of His Majesty the

Sultan and Yang Di-Pertuan;

(d)

dismissal from the service of His Majesty the Sultan and

Yang Di-Pertuan;

(e)

detention for a term not exceeding 2 years;

(f)

forfeiture of seniority for a specified term or otherwise;

(g)

reduction to the ranks or any less reduction in rank;

(h)

fine;

(i)

severe reprimand;

Royal Brunei Armed Forces 58

(j)

reprimand;

(k)

in the case of an offence which has occasioned any expense, loss or damage, stoppages; and

(l)

such minor punishments as may from time to time be prescribed, and references in this Act to any punishment provided by this Act are, subject to the limitation imposed in any particular case by the addition of the word “less”, references to any one or more of those punishments.

(2)

For the purposes of this Part, a punishment specified in any paragraph of subsection (1) shall be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it:

Provided that detention is not deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment.

(3)

Subsection (1) shall have effect in relation to a convicted person who is —

(a)

an officer, with the omission of paragraphs (e), (g) and (l);

(b)

a warrant officer, with the omission of paragraphs (f) and

(l)

;

(c)

a non-commissioned officer, with the omission of paragraph (f); and

(d)

a soldier, with the omission of paragraphs (f), (g), (i) and

(j)

(4)

A person sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgrace from the service of His

Majesty the Sultan and Yang Di-Pertuan or to dismissal from such service:

Provided that if the court-martial fails to give effect to this subsection, their sentence shall not be invalid, but is deemed to include a sentence of dismissal from the service of His Majesty the Sultan and Yang Di-Pertuan.

Royal Brunei Armed Forces

(5)

A warrant officer or non-commissioned officer sentenced by a court-martial to imprisonment, to dismissal from the service of His Majesty the Sultan and Yang Di-Pertuan (whether or not with disgrace), or to detention, shall also be reduced to the ranks:

Provided that, if the court-martial fails to give effect to this subsection, their sentence shall not be invalid, but is deemed to include a sentence of reduction to the ranks.

(6)

The amount of a fine that may be awarded by a court-martial —

(a)

except in the case of an offence against section 72, shall not exceed the amount of the offender’s pay for 28 days or, where the offence was committed on active service, 56 days; and

(b)

in the excepted case of an offence against section 72 —

(i)

where the civil offence constituting an offence against that section is punishable by a fine, shall not exceed the maximum amount of the fine which the Magistrate is authorised to award by virtue of any written law other than a notification by the Chief Justice conferring special jurisdiction upon the Magistrate pursuant to section 11(1)(a) of the Criminal Procedure Code

(Chapter 22); and

(ii)

where that civil offence is punishable only by the High

Court and is so punishable by a fine, shall not exceed the maximum amount of the fine;

and for the purposes of this subsection, a day’s pay, as regards a person found guilty of an offence, is deemed to be the gross pay that is, or would (apart from any forfeiture or deduction) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.

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