Royal Brunei Armed Forces Act · s 119

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)

119.
Limitation of time for trial of offences under military law
(1) No person shall be tried by court-martial for any offence, other than one against section 37, 38 or 43, unless the trial is begun within 3 years after the commission of the offence, there being disregard any time during which he was a prisoner of war and any time during which he was illegally absent:
Provided that —
(a) in the case of offence against section 72 where proceedings for the corresponding civil offence must, by virtue of any written law, be brought within a limited time, that limit of time shall apply to the trial of the offence under section 72 in substitution for the foregoing provisions of this subsection;
(b) subject to any such limit of time as is mentioned in paragraph (a), a person may be tried by court-martial for a civil offence committed outside Brunei Darussalam notwithstanding that it was committed more than 3 years before the beginning of the trial, if the Attorney General consents to the trial.
(2) A person shall not be triable under section 118(1) unless his trial is begun within 3 months after he ceases to be subject to military law, or the trial is for a civil offence committed outside Brunei Darussalam and the
Attorney General consents to the trial:
Provided that this subsection does not apply to an offence against sections 37, 38 and 43.
(3) A person shall not be arrested or kept in custody by virtue of section 118(1) for an offence at any time after he has ceased to be triable for the offence.

Royal Brunei Armed Forces

Relations between military law and civil courts and finality of trials

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 119Limitation of time for trial of offences under military law

(1)

No person shall be tried by court-martial for any offence, other than one against section 37, 38 or 43, unless the trial is begun within 3 years after the commission of the offence, there being disregard any time during which he was a prisoner of war and any time during which he was illegally absent:

Provided that —

(a)

in the case of offence against section 72 where proceedings for the corresponding civil offence must, by virtue of any written law, be brought within a limited time, that limit of time shall apply to the trial of the offence under section 72 in substitution for the foregoing provisions of this subsection;

(b)

subject to any such limit of time as is mentioned in paragraph (a), a person may be tried by court-martial for a civil offence committed outside Brunei Darussalam notwithstanding that it was committed more than 3 years before the beginning of the trial, if the Attorney General consents to the trial.

(2)

A person shall not be triable under section 118(1) unless his trial is begun within 3 months after he ceases to be subject to military law, or the trial is for a civil offence committed outside Brunei Darussalam and the

Attorney General consents to the trial:

Provided that this subsection does not apply to an offence against sections 37, 38 and 43.

(3)

A person shall not be arrested or kept in custody by virtue of section 118(1) for an offence at any time after he has ceased to be triable for the offence.

Royal Brunei Armed Forces

Relations between military law and civil courts and finality of trials