Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Special Proceedings
321. Judge to take further evidence
Official textFrom Attorney General's Chambers, unchanged
If the Chief Syar'ie Prosecutor is of opinion that a criminal offence is disclosed and that further proceedings should be taken against the accused but that the evidence already obtained or taken is in any particular or respect defective and is not sufficient to afford a foundation for a full and proper trial, he may by an order in writing signed by himself require the
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Religious Enforcement Officer or police officer to make further investigation or require the Syariah Subordinate Court Judge to hold an inquiry or, if an inquiry has been held, to take such further evidence as may be specified or indicated in the order either by way of examining any witness who have already given their testimony, or otherwise to continue the inquiry.
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
On the order of the Chief Syar'ie Prosecutor being received by the Syariah Subordinate Court Judge, he shall cause the accused person to appear before him and shall hold or resume and proceed with the inquiry in pursuance of such order.
Judge
"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;
If an inquiry or supplemental inquiry is required to be held, the accused person, if at large on bail, shall be called upon by written notice to appear before the Syariah Subordinate Court Judge, and if in prison shall by an order of the Syariah Subordinate Court Judge be brought before the
inquiry
"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
Syariah Court on a day appointed therefor.
All the provisions in respect of the original inquiry shall be applicable, so far as may be, to the supplemental inquiry.
The Syariah Subordinate Court Judge shall at the termination of the inquiry or supplemental inquiry forthwith transmit a copy of the record to the Chief Syar'ie Prosecutor.
A supplemental inquiry may be continued by a Syariah
Subordinate Court Judge other than the Syariah Subordinate Court Judge who conducted the original inquiry.
S'larinh Courts
Criniinal Procedure Code
CAP. 224 175
The Chief Syar'ie Prosecutor may in lieu of or in addition to requiring the Syariah Subordinate Court Judge to take further evidence under subsection (1) give notice to the accused that the prosecution intends to call further evidence at the trial and indicating the nature thereof:
Provided that failure to give such notice or that the notice does not indicate with sufficient clarity the nature of the evidence to be called shall not render such evidence inadmissible but shall entitle the accused to such adjournment. if any. as the Syariah Court shall consider may in the interests of justice be required.
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
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;
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;
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;