Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 5
120. Jurisdiction of civil courts
Official textFrom Attorney General's Chambers, unchanged
Where a person subject to military law —
has been tried for an offence by a court-martial or has had an offence committed by him taken into consideration by a court-martial in sentencing him; or
has been charged with an offence under this Act and has had the charge dealt with summarily by his commanding officer or the appropriate superior authority, a civil court shall be debarred from trying him subsequently for an offence substantially the same as that offence; but except as aforesaid nothing in this
Act shall be construed as restricting the jurisdiction of any civil court to try a person subject to this Act for an offence.
For the purposes of this section —
a person is not deemed to have been tried by a court-martial if confirmation is withheld of a finding by the court-martial that he is guilty of the offence, or of a finding by the court-martial that he is not guilty of the offence by reason of insanity;
a person is not deemed to have had an offence taken into consideration by a court-martial in sentencing him if confirmation of the sentence is withheld or the sentence is quashed;
a case is deemed to have been dealt with summarily by the commanding officer or appropriate superior authority notwithstanding that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review thereof.
Persons not to be tried under this Act for offences already disposed of 121.
Where a person subject to military law —
has been tried for an offence by a competent civil court, wherever situated, or a court-martial held under this Act;
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has had an offence committed by him taken into consideration when being sentenced by a competent civil court in
Brunei Darussalam or a court-martial held under this Act;
has been charged with an offence under this Act and has had the charge dismissed, or has been found guilty on the charge, by his commanding officer or the appropriate superior authority; or
has had an offence condoned by his commanding officer, he shall not be liable in respect of that offence to be tried by court-martial or to have the case dealt with summarily by his commanding officer or the appropriate superior authority.
For the purposes of this section —
a person is not deemed to have been tried by a court-martial if confirmation is withheld of a finding by the court-martial that he is guilty of the offence, or of a finding by the court-martial that he is not guilty of the offence by reason of insanity;
a person is not deemed to have had an offence taken into consideration by a court-martial in sentencing him if confirmation of the sentence of the court is withheld or the sentence is quashed;
a case is deemed to have been dealt with summarily by the commanding officer or appropriate superior authority notwithstanding that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review thereof;
an offence is deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised by him to act in relation to the alleged offence has with knowledge of all relevant circumstances informed him that he will not be charged therewith;
a person ordered under section 61(2) to be imprisoned or to undergo detention for an offence against that section is deemed to have been tried by court-martial for the offence.
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Where confirmation of a finding of guilty of an offence or of a finding of not guilty of an offence by reason of insanity is withheld, the accused shall not be tried again by court-martial for that offence unless the order convening the later court-martial is issued not later than 28 days after the promulgation of the decision to withhold confirmation.
Except as provided in the foregoing provisions of this section, proceedings for an offence against this Act (whether before a commanding officer or appropriate superior authority or before a court-martial) shall not be barred on the ground of condonation.
commanding officer
“commanding officer” has the meaning assigned to it by section 83(1);
Inquiries
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;
civil court
Defined · s 2“civil court” means a court of ordinary criminal jurisdiction in Brunei Darussalam;
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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