Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
71. Breath tests
Official textFrom Attorney General's Chambers, unchanged
Where a Religious Enforcement officer or police officer has reasonable cause to suspect that a person has committed an offence under section 104(3) or (5) of the Syariah Penal Code Order, 201 3 (S 691201 3).
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
such Religious Enforcement officer or police officer may forthwith require the person for a specimen of his breath for breath test.
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 person may be required under subsection (1) to provide a specimen of his breath either at or near the place where he is required to do
SO.
A breath test required under subsection (1) shall be conducted by a Religious Enforcement Officer or police officer.
A Religious Enforcement Officer or police officer may arrest any person without warrant if -
as a result of the breath test he has reasonable cause to suspect there is alcohol in that person's breath or blood;
such persoil fails to provide a specimen of his breath for breath test when required to do so under this section and the Religious
Enforcement officer or police officer has reasonable cause to suspect that he has alcohol in his body; or
he has reasonable cause to suspect that that person is under the influence of alcohol or any intoxicating drink.
Syuriah Courts 56
Criminal Procedure Code
Terms defined in s 2
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;
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Proceedings in Prosecution
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