Royal Brunei Armed Forces Act · s 118

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118.
Trial and punishment of offences under military law notwithstanding offender ceasing to be subject to military law
(1) Subject to the provisions of section 119, where an offence under this Act triable by court-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by court-martial (including confirmation and review) and execution of sentences, as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto.
(2) Where, while a person is in military custody by virtue of this section (whether before, during or after trial), he commits, or is reasonably suspected of having committed, an offence which if he were subject to military law would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence, he shall be treated, for the purposes of the provisions of this Act mentioned in subsection (1) and the provisions thereof as to the summary dealing with charges, as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter.
(3) Where by virtue of either subsection (1) or (2) a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply to him —
(a) if he holds any military rank, as to a person having that rank;
(b) otherwise as to a person having the rank which he had when last actually subject to military law:
Provided that as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed, that provision shall apply to him (in any case) as to a soldier.
(4) Where apart from this subsection any provision of this Act would under subsection (3) apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.

Royal Brunei Armed Forces 92

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s 118Trial and punishment of offences under military law notwithstanding offender ceasing to be subject to military law

(1)

Subject to the provisions of section 119, where an offence under this Act triable by court-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by court-martial (including confirmation and review) and execution of sentences, as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto.

(2)

Where, while a person is in military custody by virtue of this section (whether before, during or after trial), he commits, or is reasonably suspected of having committed, an offence which if he were subject to military law would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence, he shall be treated, for the purposes of the provisions of this Act mentioned in subsection (1) and the provisions thereof as to the summary dealing with charges, as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter.

(3)

Where by virtue of either subsection (1) or (2) a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply to him —

(a)

if he holds any military rank, as to a person having that rank;

(b)

otherwise as to a person having the rank which he had when last actually subject to military law:

Provided that as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed, that provision shall apply to him (in any case) as to a soldier.

(4)

Where apart from this subsection any provision of this Act would under subsection (3) apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.

Royal Brunei Armed Forces 92