Royal Brunei Armed Forces Act · s 156

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156.
Disposal of appeal under section 155
(1) The following provisions of this section apply with respect to an appeal under section 155.
(2) Where the question whether the accused was unfit to stand his trial was determined by the court-martial at a time later than on arraignment, the appeal may be allowed (notwithstanding that the finding was properly come to) if the Court of Appeal are of opinion that the case is one in which the court-martial should before that time have come to a finding of not guilty.
(3) If the Court of Appeal are of such opinion, they shall substitute a finding of not guilty (but not a finding of not guilty by reason of insanity)
and the appellant shall then not be liable to be tried by a court-martial or by any other court for the offence with which he was charged.
(4) Where the appeal is allowed and the Court of Appeal do not substitute a finding of not guilty, the appellant may be tried accordingly for that offence; and if he is for the time being kept in custody under section 108, the court shall order him to remain in such custody under that section in the same manner as on a finding of unfitness to stand trial by a court-martial.
General procedural provisions

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s 156Disposal of appeal under section 155

(1)

The following provisions of this section apply with respect to an appeal under section 155.

(2)

Where the question whether the accused was unfit to stand his trial was determined by the court-martial at a time later than on arraignment, the appeal may be allowed (notwithstanding that the finding was properly come to) if the Court of Appeal are of opinion that the case is one in which the court-martial should before that time have come to a finding of not guilty.

(3)

If the Court of Appeal are of such opinion, they shall substitute a finding of not guilty (but not a finding of not guilty by reason of insanity)

and the appellant shall then not be liable to be tried by a court-martial or by any other court for the offence with which he was charged.

(4)

Where the appeal is allowed and the Court of Appeal do not substitute a finding of not guilty, the appellant may be tried accordingly for that offence; and if he is for the time being kept in custody under section 108, the court shall order him to remain in such custody under that section in the same manner as on a finding of unfitness to stand trial by a court-martial.

General procedural provisions