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Royal Brunei Armed Forces Act · s 61

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s 61Offences in relation to courts-martial

(1)

Any person subject to military law who —

(a)

having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order;

(b)

refuses to swear on oath when duly required by a court-martial to do so;

(c)

refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce;

(d)

when a witness, refuses to answer any question which a court-martial has lawfully required him to answer;

(e)

wilfully insults any person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court while that person is acting as a member thereof or is so attending, or wilfully insults any such person while that person is going to or returning from the proceedings of the court; or

(f)

wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court, shall, on conviction by a court-martial, other than the court in relation to which the offence was committed, be liable to imprisonment for 2 years or any less punishment provided by this Act.

(2)

Notwithstanding anything in subsection (1), where an offence against that subsection is committed in relation to any court-martial held in pursuance of this Act, that court, if of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being

Royal Brunei Armed Forces brought to trial before another court-martial, may by order under the hand of the president, sentence the offender —

(a)

if he is an officer, to imprisonment for a term not exceeding 21 days, or to a fine not exceeding the amount of his pay for 28 days

(a day’s pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made);

(b)

in any other case, to imprisonment or detention for such a term, or to such a fine, as mentioned in paragraph (a).

Miscellaneous offences