Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 8
185. Proceedings before civil court where persons suspected of illegal absence
Official textFrom Attorney General's Chambers, unchanged
Where a person who is brought before a Court of a Magistrate is alleged to be a member of the Armed Forces or the Reserve Regiment who has deserted or is absent without leave, the following provisions shall have effect.
If he admits that he is illegally absent from the Armed Forces or the Reserve Regiment and the court is satisfied of the truth of the admission then —
Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
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unless he is in custody for some other cause the court shall, and
notwithstanding that he is in custody for some other cause, the court may, forthwith either cause him to be delivered into military custody in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military custody) or until sooner delivered into such custody.
Any time specified by the court may be extended by the court if it appears to the court reasonably necessary to do so for such purpose.
If he does not admit that he is illegally absent, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and —
if satisfied that he is subject to military law; and
if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave, then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody or commit him as mentioned in subsection (2), but otherwise shall discharge him:
Provided that if he is in custody for some other cause, the court shall have power, but shall not be required, to act in accordance with this subsection.
For the purposes of any proceedings under this section, a certificate which states that a person is a member, and illegally absent from the Armed Forces or the Reserve Regiment and purports to be signed by the officer who, if that person were charged with an offence, would be either his commanding officer or authorised to act as his appropriate superior authority, shall be evidence of the matters so stated.
Reserve Regiment
“Reserve Regiment” means the Royal Brunei Malay Reserve Regiment raised and maintained under this Act;
Royal Brunei Armed Forces
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;
Reserve Regiment
Defined · s 2“Reserve Regiment” means the Royal Brunei Malay Reserve Regiment raised and maintained under this Act;