Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter II
30. hours
Official textFrom Attorney General's Chambers, unchanged
A Religious Enforcement Officer or police officer making an arrest without a warrant under this Code shall without unnecessary delay and subject to the provisions of this Code as to bail or previous release, bring or send the person arrested before the Syariah Court.
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
No Religious Enforcement Officer or police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.
police officer
"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;
Such period shall not ordinarily exceed 48 hours, exclusive of the time necessary for the journey from the place of arrest to the Syariah Court.
When a person arrested is brought before the Syariah Court, the
Syariah Court shall immediately hear the charge against him or adjourn the case.
When any Syar'ie Judge before whom the accused person is brought under this section, whether he has jurisdiction or not to try the case, he may authorise the remand of the accused person in any such custody as the Syar'ie Judge thinks fit on reasonable grounds and for a reasonable period. If he has no authority to try the case and considers that it is unnecessary to detain the accused, he may order that the accused be sent before a Syar'ie Judge having authority to try the accused or, if the case is triable only by the Syariah High Court, before the Syariah High Court Judge.
Syar'ie Judge
"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
A Syar'ie Judge authorising under this section the remand of any a person in the custody of the police shall record his reasons for so doing.
Syariah Courts 40
Criminal Procedure Code
If the case against the accused is adjourned, the person shall, unless he is released on bail, be remanded in prison or police custody under a warrant of remand issued by a Syar'ie Judge.
Terms defined in s 2
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
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;
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
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