Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter IV
55. When search warrant may be issued
Official textFrom Attorney General's Chambers, unchanged
Where -
any Syariah Court has reason to believe that a person to whom a summons or order under section 52 has been or might have been addressed will not or would not produce the property or document as directed in the summons or order;
such property or document is not known to the Syariah
Court to be in the possession of any person:
S')uriah Courts
Criminal Procedure Code
CAP. 224 49
the Syariah Court considers that the purpose of justice or any inquiry, trial or other proceedings under this Code will be served by a general search or inspection;
a Syar'ie Judge, after receiving information and after such inquiry as he thinks necessary, has reason to believe that an offence has been committed; or
any evidence or thing which is necessary for the conduct of an investigation into any offence under which the Syariah Court has jurisdiction may be found in any place, the Syariah Court may issue a search warrant and the person to whom such warrant is directed may enter with such assistance as may be required, search and inspect the place for any such evidence or thing, and if anything searched for is found, it may be taken and brought before the Syar'ie Judge issuing the warrant. or other Syar'ie Judge to be dealt with in accordance with the provisions of this Code.
A search warrant shall ordinarily be directed to any Religious
Enforcement Officer or police officer to be designated by name in the warrant. and all or any of such Religious Enforcement Officer or police officer may execute the warrant.
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;
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
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;
Syar'ie Judge
Defined · s 2"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
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