Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 5
106. Review of findings and sentences of court-martial
Official textFrom Attorney General's Chambers, unchanged
A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of a finding or sentence a petition is duly presented under section 103 against the finding or sentence, then, subject to the provisions of this section, the finding or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.
The reviewing authorities for the purposes of this Act are the following —
His Majesty the Sultan and Yang Di-Pertuan;
the Colonel in Chief;
the Commander; or
any officer other than and superior in rank to the confirming officer.
If an application for leave to appeal against conviction is received by the Registrar of the Court of Appeal or the Registrar receives particulars of such an application furnished in pursuance of section 140(4)(b), so much of subsection (1) as requires the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the finding to which the application for leave to appeal relates and the sentence passed in consequence of that finding.
On a review under this section, the reviewing authority may —
in so far as the review is of a finding, quash the finding and, if the sentence relates only to the finding quashed, the sentence;
Royal Brunei Armed Forces
in so far as the review is of a sentence, quash the sentence;
in any case, exercise the like powers of substituting findings, substituting valid for invalid sentences and remitting or commuting punishments as are conferred on a confirming officer by section 104(2) to (4), and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all purposes as a finding or sentence of the court-martial duly confirmed.
Where a reviewing authority exercises any of the powers conferred by subsection (4), the determination of the authority shall be promulgated and shall have effect as from the promulgation thereof.
Review of summary findings and awards
Terms defined in this Act
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
Colonel in Chief
Defined · s 2“Colonel in Chief” means the officer appointed by His Majesty the Sultan and Yang Di-Pertuan under section 9 to be Colonel in Chief of the Armed Forces and Reserve Regiment;
Commander
Defined · s 2“Commander” means the officer or other suitable person appointed by His Majesty the Sultan and Yang Di-Pertuan under section 10 to be the Commander of the Armed Forces and the Reserve Regiment;
officer
Defined · s 2“officer” means any person commissioned into the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan under this Act but does not include any person serving under any loan agreement or contract with the Government;
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