Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
82. Failure to account for objects, substances or marks
Official textFrom Attorney General's Chambers, unchanged
Subject to the provisions of any other written law, where a person is arrested by a Religious Enforcement Officer or police officer and -
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
there is on his person;
in or on his clothing including any type of headgear or footwear;
otherwise in his possession; or
in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object;
(bj that or another Religious Enforcement Officer or police officer investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the Religious Enforcement Officer or police officer;
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S'uriah Courts
Criminal Procedure Code
CAP. 224 63
the Religious Enforcement Officer or the police officer informs the person arrested that he so believes, and requests him to account for the presence of the object, substailce or mark; and
the person fails or refkses to do so.
then if, in any proceedings against the person for the offence so specified. evidence of those matters is given. subsection (2) applies.
Where this subsection applies, the Syariah Court in determining whether -
there is a case to answer; and
the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper.
Subsections (1) and (2) apply to the condition of clothing or footwear as they apply to a substance or mark thereon.
Subsections ( 1 ) and (2) do not apply unless the accused was told in ordinary language by the Religious Enforcement Officer or police officer when making the request mentioned in subsection (I)@) what the effect of this section would be if he failed or refused to comply with the request.
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;
This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.
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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Chapter IIL
Chapter V
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Chapter VII
Chapter VIII
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Chapter XIII
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Appeal and Revision
Chapter 11
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Special Proceedings
Chapter IX
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