Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
79. Statement to Religious Enforcement Officer or police officer
Official textFrom Attorney General's Chambers, unchanged
Except as provided in this Code or any other written law, no statement made before a Religious Enforcement Officer or police officer in an investigation made under this Chapter shall be used as evidence in the
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Syariah Court.
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When any witness is called to give evidence in the Syariah Court other than the accused. the Syariah Court may, on request of any party to the trial, allow the witness to refer to any statement made by the witness in the course of an investigation by the Religious Enforcement Officer or police officer under this Chapter and, if it thinks necessary in the interests of justice, directs the accused to be furnished with a copy of such statement to allow him to impeach the credibility of the witness in the manner provided by the
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;
Syariah Courts Evidence Order, 2001 (S 6312001).
Syariah Courts 60
Crirwinal Procedure Code
Any statement made by any person in the presence of? or in the hearing of, a Religious Enforcement Officer or police officer in the course of an identification parade may be admitted as evidence.
Where any accused had made a statement during the course of an investigation by a Religious Enforcement Officer or police officer, such statement may be admitted in evidence in support of his defence during the course of the trial.
A statement that amounts to an ikrar made by an accused person before two witnesses who are 'udil in the course of an investigation under this Chapter may be admitted as evidence in the Syariah Court.
'udil
"'udil" has the same meaning assigned to it under the Syariah Courts Evidence Order, 2001 (S 6312001);
The two witnesses who are 'adil mentioned in subsection (5)
shall not include the Religious Enforcement Officer or police officer carrying out the investigation on the accused or the officer recording such statement.
The conditions of ikrar as provided in section 23 of the Syariah
Courts Evidence Order. 2001 (S 6312001) shall be applicable to the extent as they relate to criminal proceedings.
Terms defined in s 2
'udil
Defined · s 2"'udil" has the same meaning assigned to it under the Syariah Courts Evidence Order, 2001 (S 6312001);
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;
Part
Proceedings in Prosecution
Chapter II
Chapter IIL
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Chapter X
Chapter XI
Chapter XII
Chapter XIII
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Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
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