Royal Brunei Armed Forces Act · s 125

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125.
Restitution or compensation for theft etc.
(1) The following provisions shall have effect where a person has been convicted by court-martial of any offence, however described, involving the unlawful obtaining of property, whether by theft, criminal misappropriation, criminal breach of trust, dishonestly receiving or retaining stolen property, cheating or otherwise.
(2) If any of the property unlawfully obtained has been found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner thereof.
(3) If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by him by the conversion or exchange of any of the property unlawfully obtained, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.

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(4) Where money is found in the possession of the offender, then whether   or   not    it appears to have been obtained as described in subsection (3), an order may be made that there shall be paid out of that money to the person appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towards compensation for the loss caused to that person by the offence, in so far as not otherwise made good under this Act or by the recovery of the property unlawfully obtained.
(5) Where any of the property unlawfully has been sold or given in pawn to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property sold or given as aforesaid, there shall be paid to that other person, out of any money found in the possession of the offender
(whether or not the money appears to be proceeds of the sale or giving in pawn), such sum as may be specified in the order as or towards compensation for the loss caused to him in consequence of the sale or giving in pawn.
(6) Where any property unlawfully obtained has been given in exchange to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property given as aforesaid, there shall be restored to that other person, the property taken in exchange for the property unlawfully obtained.
(7) An order under this section may be made by court-martial by whom the offender is convicted, by the confirming officer, or by any reviewing authority.
(8) (a)  An order under this section made by a court-martial shall not have effect until confirmed by the confirming officer.
(b) The provisions of this Part as to the confirmation and review of the proceedings of courts-martial apply to an order under this section as they apply to a sentence.
(9) The operation of any order under this section shall be suspended —
(a) in any case, until the expiration of the period prescribed under Part 7 as the period within which an application for leave to

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appeal to the Court to Appeal against the conviction must be lodged;
and
(b) if such an application is duly lodged, until either the application is finally refused or is withdrawn or the appeal is determined or abandoned, and where the operation of such an order is suspended under this section —
(i) it shall not take effect if the conviction is quashed on appeal;
(ii) the Court of Appeal may by order annul or vary the order although the conviction is not quashed.
(10) (Repealed by S 2/2006).
(11) Notwithstanding anything in subsection (9), an order under this section shall not, so far as it relates to the delivery of property to the person appearing to be the owner thereof, be suspended if the court, officer or authority making the order directs to the contrary in any case in which, in the opinion of the court, officer or authority, the title to the property is not in dispute.
(12) Where the operation of any order under this section is suspended under subsection (9) then, unless the property ordered to be restored or handed over or the money to which the order relates is in the custody of the
Registrar of the Court of Appeal, the court, officer or authority which made the order shall cause the property or money to be kept in safe custody for any period during which the operation of the order is suspended.
(13) An order under this section shall not bar the right of any person, other than the offender or a person claiming through him, to recover any property delivered or paid in pursuance of such an order from the person to whom it is delivered or paid.
(14) In this section —
“appearing” means appearing to the court, officer or authority making the order;

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“cheating” shall have the same meaning as in the Penal Code
(Chapter 22);
“criminal breach of trust” shall have the same meaning as in the
Penal Code (Chapter 22);
“criminal misappropriation” shall have the same meaning as in the Penal Code (Chapter 22);
“dishonestly receiving or retaining stolen property” shall have the same meaning as in the Penal Code (Chapter 22).

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s 125Restitution or compensation for theft etc.

(1)

The following provisions shall have effect where a person has been convicted by court-martial of any offence, however described, involving the unlawful obtaining of property, whether by theft, criminal misappropriation, criminal breach of trust, dishonestly receiving or retaining stolen property, cheating or otherwise.

(2)

If any of the property unlawfully obtained has been found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner thereof.

(3)

If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by him by the conversion or exchange of any of the property unlawfully obtained, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.

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(4)

Where money is found in the possession of the offender, then whether or not it appears to have been obtained as described in subsection (3), an order may be made that there shall be paid out of that money to the person appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towards compensation for the loss caused to that person by the offence, in so far as not otherwise made good under this Act or by the recovery of the property unlawfully obtained.

(5)

Where any of the property unlawfully has been sold or given in pawn to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property sold or given as aforesaid, there shall be paid to that other person, out of any money found in the possession of the offender

(whether or not the money appears to be proceeds of the sale or giving in pawn), such sum as may be specified in the order as or towards compensation for the loss caused to him in consequence of the sale or giving in pawn.

(6)

Where any property unlawfully obtained has been given in exchange to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property given as aforesaid, there shall be restored to that other person, the property taken in exchange for the property unlawfully obtained.

(7)

An order under this section may be made by court-martial by whom the offender is convicted, by the confirming officer, or by any reviewing authority.

(8)

(a)

An order under this section made by a court-martial shall not have effect until confirmed by the confirming officer.

(b)

The provisions of this Part as to the confirmation and review of the proceedings of courts-martial apply to an order under this section as they apply to a sentence.

(9)

The operation of any order under this section shall be suspended —

(a)

in any case, until the expiration of the period prescribed under Part 7 as the period within which an application for leave to

Royal Brunei Armed Forces 100

appeal to the Court to Appeal against the conviction must be lodged;

and

(b)

if such an application is duly lodged, until either the application is finally refused or is withdrawn or the appeal is determined or abandoned, and where the operation of such an order is suspended under this section —

(i)

it shall not take effect if the conviction is quashed on appeal;

(ii)

the Court of Appeal may by order annul or vary the order although the conviction is not quashed.

(10)

(Repealed by S 2/2006).

(11)

Notwithstanding anything in subsection (9), an order under this section shall not, so far as it relates to the delivery of property to the person appearing to be the owner thereof, be suspended if the court, officer or authority making the order directs to the contrary in any case in which, in the opinion of the court, officer or authority, the title to the property is not in dispute.

(12)

Where the operation of any order under this section is suspended under subsection (9) then, unless the property ordered to be restored or handed over or the money to which the order relates is in the custody of the

Registrar of the Court of Appeal, the court, officer or authority which made the order shall cause the property or money to be kept in safe custody for any period during which the operation of the order is suspended.

(13)

An order under this section shall not bar the right of any person, other than the offender or a person claiming through him, to recover any property delivered or paid in pursuance of such an order from the person to whom it is delivered or paid.

(14)

In this section —

“appearing” means appearing to the court, officer or authority making the order;

Royal Brunei Armed Forces

“cheating” shall have the same meaning as in the Penal Code

(Chapter 22);

“criminal breach of trust” shall have the same meaning as in the

Penal Code (Chapter 22);

“criminal misappropriation” shall have the same meaning as in the Penal Code (Chapter 22);

“dishonestly receiving or retaining stolen property” shall have the same meaning as in the Penal Code (Chapter 22).