Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
68. ~ o d y samples
Official textFrom Attorney General's Chambers, unchanged
A Religious Enforcement Oflicer or police officer making an investigation under this Chapter may cause a body sample of a person to be obtained for forensic analysis if he has reasonable cause to believe that the body sample may support whether or not that person was involved in an offence.
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;
a
If a person's appropriate consent for a body sample to be taken is refused without good cause or cannot be obtained despite all reasonable efforts, that person may be taken before a Syar'ie Judge who may, if satisfied that there is reasonable cause to believe that the body sample may support whether or not that person was involved in an offence, order that that person provide the body sample required.
appropriate consent
"appropriate consent" means - (a) in relation to a person who is mukalluL his consent in writing; or (b) in relation to a person who is mumaiyiz but has not attained the age of mukallaf; the consent in writing of both that person and of his parent or guardian, given to the Religious Enforcement Officer or police oficer in charge of the case after the person concerned or his parent or guardian, as the case may be, has been informed by the Religious Enforcement Officer or police oficer of the purpose for which a body sample is required and the manner by which it is to be taken;
Where it is shown that such person's appropriate consent was refused without good cause, the Syariah Court, in determining whether -
((I) there is a case to answer against him; or
he is guilty of the offence with which he has been charged.
may draw such inference from that refusal as it thinks proper and, based on such inference, may treat that refusal as corroboration or as amouilting to corroboration of any relevant evidence against him.
A body sample under this section is qarinah.
body sample
"body sample" means - (a) a sample of head hair, including the roots thereof; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part, other than a private part, of a a person's body but not any other body orifice; (d) a swab taken from a person's mouth; (e) saliva; #,I an impression of any part of a person's body other than an impression of a private part or an impression of the face; (g) an intimate sample. being a body sample that is obtained by means of any invasive procedure; Syurialt Co ztrts Criminal Procedure Code…
Terms defined in this Act
appropriate consent
Defined · s 70"appropriate consent" means - (a) in relation to a person who is mukalluL his consent in writing; or (b) in relation to a person who is mumaiyiz but has not attained the age of mukallaf; the consent in writing of both that person and of his parent or guardian, given to the Religious Enforcement Officer or police oficer in charge of the case after the person concerned or his parent or guardian, as the case may be, has been informed by the Religious Enforcement Officer or police oficer of the purpose for which a body sample is required and the manner by which it is to be taken;
body sample
Defined · s 70"body sample" means - (a) a sample of head hair, including the roots thereof; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part, other than a private part, of a a person's body but not any other body orifice; (d) a swab taken from a person's mouth; (e) saliva; #,I an impression of any part of a person's body other than an impression of a private part or an impression of the face; (g) an intimate sample. being a body sample that is obtained by means of any invasive procedure; Syurialt Co ztrts Criminal Procedure 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;
Syar'ie Judge
Defined · s 2"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
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Proceedings in Prosecution
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Chapter IIL
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