Royal Brunei Armed Forces Act · s 128

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128.
Custody of proceedings of courts-martial and right of accused to copy
(1) The record of the proceedings of a court-martial shall be kept in the custody of the Judge Advocate General for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by subsections (2) and (3) shall be capable of being exercised.
(2) Subject to the provisions of this section, any person tried by a court-martial shall be entitled to obtain from the Judge Advocate General on demand at any time within the relevant period without charge a copy of the record of the proceedings of the court.
(3) Where a person tried by court-martial dies within the relevant period, his personal representatives or any person who in the opinion of the
Judge Advocate General ought to be treated for the purpose of this subsection as his personal representative shall, subject to the provisions of this section, be entitled to obtain from the Judge Advocate General on

Royal Brunei Armed Forces 102
demand at any time within the period of 12 months from the death and without charge a copy of the record of the proceedings of the court.
(4) If, on an application under either subsection (2) or (3) for a copy of the record of any proceedings, the Minister certifies that it is necessary for reasons of security that the proceedings or any part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or part to which the certificate relates.
(5) In this section, “the relevant period” in relation to any person tried by court-martial, means the period of 5 years beginning with the date of his acquittal or, where he was convicted, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the withholding of confirmation:
Provided that where the proceedings relate to two or more charges and the person tried was acquitted on one or more of the charges and convicted on another or others, the relevant period shall be the period of 5 years beginning with the date of the promulgation of the finding or findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings.
(6) Any reference in this section to the record of the proceedings of a court-martial includes a reference to the record of the proceedings with respect to the confirmation or revision of the findings and sentence of the court-martial.

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s 128Custody of proceedings of courts-martial and right of accused to copy

(1)

The record of the proceedings of a court-martial shall be kept in the custody of the Judge Advocate General for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by subsections (2) and (3) shall be capable of being exercised.

(2)

Subject to the provisions of this section, any person tried by a court-martial shall be entitled to obtain from the Judge Advocate General on demand at any time within the relevant period without charge a copy of the record of the proceedings of the court.

(3)

Where a person tried by court-martial dies within the relevant period, his personal representatives or any person who in the opinion of the

Judge Advocate General ought to be treated for the purpose of this subsection as his personal representative shall, subject to the provisions of this section, be entitled to obtain from the Judge Advocate General on

Royal Brunei Armed Forces 102

demand at any time within the period of 12 months from the death and without charge a copy of the record of the proceedings of the court.

(4)

If, on an application under either subsection (2) or (3) for a copy of the record of any proceedings, the Minister certifies that it is necessary for reasons of security that the proceedings or any part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or part to which the certificate relates.

(5)

In this section, “the relevant period” in relation to any person tried by court-martial, means the period of 5 years beginning with the date of his acquittal or, where he was convicted, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the withholding of confirmation:

Provided that where the proceedings relate to two or more charges and the person tried was acquitted on one or more of the charges and convicted on another or others, the relevant period shall be the period of 5 years beginning with the date of the promulgation of the finding or findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings.

(6)

Any reference in this section to the record of the proceedings of a court-martial includes a reference to the record of the proceedings with respect to the confirmation or revision of the findings and sentence of the court-martial.