Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 5
107. Review of summary findings and awards
Official textFrom Attorney General's Chambers, unchanged
Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, the authority mentioned in subsection (2) may at any time review the finding or award.
The authority referred to in subsection (1) is —
where a charge has been dealt with summarily by a commanding officer, the appropriate superior authority;
where a charge has been dealt with summarily by an officer of the rank of Colonel or above in command as appropriate superior authority, the Colonel in Chief or the Commander; or
where a charge has been dealt with summarily by the
Colonel in Chief or the Commander as appropriate superior authority,
His Majesty the Sultan and Yang Di-Pertuan.
Where on review under this section it appears to that authority expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those
Royal Brunei Armed Forces 84
Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding.
If a finding in any proceedings is quashed under subsection
and the award made in those proceedings relates only to the finding quashed, the authority shall also quash the award.
If the award relates also to any other finding and it appears to the authority that the award was not warranted by this Act in respect of that other finding, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.
Where on a review under this section it appears to that authority that a punishment awarded was invalid, or too severe, or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.
Findings of insanity etc.
Terms defined in s 2
appropriate superior authority
Defined · s 2“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);
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;
commanding officer
Defined · s 2“commanding officer” has the meaning assigned to it by section 83(1);
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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