Royal Brunei Armed Forces Act · s 139

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139.
Right of appeal
(1) Subject to the provisions of this Part, a person convicted by court-martial may, with the leave of the Court of Appeal, appeal to that court against his conviction.
(2) Subject as aforesaid, the person’s right of appeal shall not be exercisable —
(a) unless, within such period as may be prescribed, he presents to the Colonel in Chief a petition praying that his conviction be quashed; and
(b) until either the prescribed period (beginning with the day on which the petition is presented) expires or he is notified by the
Colonel in Chief that the petition has not been granted, whichever event first occurs.
(3) If   a   person   presents   a petition for the purposes of subsection (2)(a), but fails to do so within the period prescribed for those purposes and subsequently applies for leave to appeal, the Court of Appeal may direct that he be treated as not having thereby lost his right of appeal if they think that there is a reasonable explanation of the failure and that it is in the interests of justice that he should be so treated.
(4) Rules of court may provide that, in such circumstances as may be specified in the rules, a petition for the purposes of subsection (2) which is presented to such person as may be specified in the rules shall be treated, for the purposes of that subsection, as having been presented to the Colonel in
Chief.
(5) If no appointment of Colonel in Chief has been made under section 9, then any person convicted by court-martial may, with the leave of the Court of Appeal and notwithstanding the provisions of subsections (2)
and (3), appeal direct to that court against his conviction.

Royal Brunei Armed Forces

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s 139Right of appeal

(1)

Subject to the provisions of this Part, a person convicted by court-martial may, with the leave of the Court of Appeal, appeal to that court against his conviction.

(2)

Subject as aforesaid, the person’s right of appeal shall not be exercisable —

(a)

unless, within such period as may be prescribed, he presents to the Colonel in Chief a petition praying that his conviction be quashed; and

(b)

until either the prescribed period (beginning with the day on which the petition is presented) expires or he is notified by the

Colonel in Chief that the petition has not been granted, whichever event first occurs.

(3)

If a person presents a petition for the purposes of subsection (2)(a), but fails to do so within the period prescribed for those purposes and subsequently applies for leave to appeal, the Court of Appeal may direct that he be treated as not having thereby lost his right of appeal if they think that there is a reasonable explanation of the failure and that it is in the interests of justice that he should be so treated.

(4)

Rules of court may provide that, in such circumstances as may be specified in the rules, a petition for the purposes of subsection (2) which is presented to such person as may be specified in the rules shall be treated, for the purposes of that subsection, as having been presented to the Colonel in

Chief.

(5)

If no appointment of Colonel in Chief has been made under section 9, then any person convicted by court-martial may, with the leave of the Court of Appeal and notwithstanding the provisions of subsections (2)

and (3), appeal direct to that court against his conviction.

Royal Brunei Armed Forces