Royal Brunei Armed Forces Act · s 99

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

99.
Rules of Procedure
(1) Subject to the provisions of this section, His Majesty the Sultan and Yang Di-Pertuan* may make rules (hereinafter in this Act referred to as
Rules of Procedure) with respect to the investigation and trial of, and awarding of punishment for, offences cognisable by courts-martial, commanding officers and appropriate superior authorities and with respect to the confirmation and revision of findings and sentences of courts-martial.
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces
(2) Without prejudice to the generality of subsection (1), Rules of
Procedure may make provisions with respect to all or any of the following matters —
(a) the procedure to be observed in the bringing of charges before commanding officers and appropriate superior authorities;
(b) the manner in which charges so brought are to be investigated and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary form) for the purpose of investigating or dealing summarily with such charges or otherwise as preliminary to the trial thereof by court-martial;
however the Rules shall make provision for the application of section 88 in any case where the accused requires that evidence shall be taken on oath;
(c) in addition to, or substitution for, a charge which has been investigated, a new charge for an offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;
(d) the convening and constitution of courts-martial;
(e) the sittings, adjournment and dissolution of courts-martial;
(f)
the procedure to be observed in trials by courts-martial;
(g) the representation of the accused at such trials;
(h) procuring the attendance of witnesses before courts-martial and at the taking of evidence in pursuance of rules made under paragraph (b);
(i)
applying in relation to proceedings before commanding officers and appropriate superior authorities prior to trial by courts-martial all or any of the provisions of paragraphs (e), (f), (g) and (h);
(j)
empowering a court-martial or the convening officer, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court;
(k) empowering a court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are

Royal Brunei Armed Forces 78
sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;
(l)
the forms of orders and other documents to be made for the purposes of any provision of this Act or the Rules of Procedure relating to the investigation or trial of, or award of punishment for, offences cognisable by courts-martial, commanding officers or appropriate superior authorities or to the confirmation and revision of the findings and sentences of courts-martial; and
(m) any matter which is required or authorised to be prescribed by this Part.
(3) Rules of Procedure shall not make provision with respect to the carrying out of sentences passed by courts-martial or of other punishments awarded under this Part.
(4) A Rule of Procedure which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 99Rules of Procedure

(1)

Subject to the provisions of this section, His Majesty the Sultan and Yang Di-Pertuan* may make rules (hereinafter in this Act referred to as

Rules of Procedure) with respect to the investigation and trial of, and awarding of punishment for, offences cognisable by courts-martial, commanding officers and appropriate superior authorities and with respect to the confirmation and revision of findings and sentences of courts-martial.

* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces

(2)

Without prejudice to the generality of subsection (1), Rules of

Procedure may make provisions with respect to all or any of the following matters —

(a)

the procedure to be observed in the bringing of charges before commanding officers and appropriate superior authorities;

(b)

the manner in which charges so brought are to be investigated and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary form) for the purpose of investigating or dealing summarily with such charges or otherwise as preliminary to the trial thereof by court-martial;

however the Rules shall make provision for the application of section 88 in any case where the accused requires that evidence shall be taken on oath;

(c)

in addition to, or substitution for, a charge which has been investigated, a new charge for an offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;

(d)

the convening and constitution of courts-martial;

(e)

the sittings, adjournment and dissolution of courts-martial;

(f)

the procedure to be observed in trials by courts-martial;

(g)

the representation of the accused at such trials;

(h)

procuring the attendance of witnesses before courts-martial and at the taking of evidence in pursuance of rules made under paragraph (b);

(i)

applying in relation to proceedings before commanding officers and appropriate superior authorities prior to trial by courts-martial all or any of the provisions of paragraphs (e), (f), (g) and (h);

(j)

empowering a court-martial or the convening officer, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court;

(k)

empowering a court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are

Royal Brunei Armed Forces 78

sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;

(l)

the forms of orders and other documents to be made for the purposes of any provision of this Act or the Rules of Procedure relating to the investigation or trial of, or award of punishment for, offences cognisable by courts-martial, commanding officers or appropriate superior authorities or to the confirmation and revision of the findings and sentences of courts-martial; and

(m)

any matter which is required or authorised to be prescribed by this Part.

(3)

Rules of Procedure shall not make provision with respect to the carrying out of sentences passed by courts-martial or of other punishments awarded under this Part.

(4)

A Rule of Procedure which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.