Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter II
25. Arrest without warrant
Official textFrom Attorney General's Chambers, unchanged
Any Religious Enforcement Officer or police officer may, without an order from a Syar'ie Judge and without a warrant, arrest -
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
any person committing or attempting to commit or abetting the cominission of any seizable offence in Brunei Darussalam or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;
any person committing or attempting to commit in the presence of such officer any offence involving a breach of the peace;
any person who commits in the presence of such officer an offence and who refuses, on demand of such officer, to give his name and residence, or gives his name or residence which the officer has reason to believe to be false, or his residence is not within Brunei
Darussalam ;
any person against whom a warrant has been issued under this Code and is still in force, although such warrant is not in his possession;
any person who obstructs a Religious Enforcement Officer or police officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody;
fl any person having in his possession without lawfhl excuse, the burden of proving which excuse shall lie on such person, any implement for committing a seizable offence:
Syuriah Courts
Criminal Procedure Code
CAP. 224 37
any person in whose possession anything is found which may reasonably be suspected to be the fruits of sariqah, hirabah or ghasab or fraudulently obtained property and who may reasonably be suspected of having committed an offence with reference to such thing ;
any person taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a seizable offence; or
any person who by repute habitually commits sariqah.
hirabah or ghasab, or habitually receives sariqah, hirabah or ghasab property knowing it to be so.
If any person liable to be arrested under this Code is not arrested at the time of committing the offence for which he is so liable, or after arrest makes his escape. he may at any time thereupon be arrested and be dealt with as if he has been arrested at the time of committing the offence.
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Terms defined in this Act
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
police officer
Defined · s 2"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
reference
Defined · s 279"reference" means a reference of a point of law to the Syariah Appeal Court under this Chapter.
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
seizable offence
Defined · s 2"seizable offence" means an offence for which a Religious Enforcement Officer or police officer may ordinarily arrest without warrant according to the third coluinn of Schedule 1 or under the provisions of any other written law for the time being in force;
Syar'ie Judge
Defined · s 2"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
Chapter III
Chapter IV
Part
Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
Part
Proceedings in Prosecution
Chapter II
Chapter IIL
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Chapter X
Chapter XI
Chapter XII
Chapter XIII
Part
Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
Part