Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
89. Surrender of travel documents
Official textFrom Attorney General's Chambers, unchanged
A Syariah Subordinate Court Judge may, on the application of a
Judge
"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
Religious Enforcement Officer or police officer not below the rank of
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Inspector by written notice, require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Code to surrender to a Religious Enforcement
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Officer or police officer not below the rank of Inspector any travel document in his possession.
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 notice under subsection (1) shall be served personally on the person to whom it is addressed.
A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.
If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith. he may thereupon be arrested and taken before a Syariah Subordinate Court Judge.
Where a person is taken before a Syariah Subordinate Court
Judge under subsection (4), the Syariah Subordinate Court Judge shall, unless such person thereupon complies with the notice under subsection (1)
or satisfies the Syariah Subordinate Court Judge that he does not possess a travel document, by warrant commit him to prison there to be safely kept until -
the expiry of the period of 28 days from the date of his committal to prison; or
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Criminal Procedure Code
the person complies with the notice under subsection (1) and a Syariah Subordinate Court Judge. by order. directs that the Director a of Prisons to discharge the person from prison (which order shall be sufficient warrant for the Director of Prisons so to do), whichever occurs first.
A travel document which is surrendered to a Religious
Enforcement Officer or police officer not below the rank of Inspector under this section may be detained for 6 months from the date on which it was surrendered and may be detained for a further 3 months if a Syariah
Subordinate Court Judge, on application by a Religious Enforcement Officer or police officer not below the rank of Inspector, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorises such further detention.
All proceedings before a Syariah Subordinate Court Judge under this section shall be conducted in chambers.
In this section and section 90, "travel document" means a passport or other document establishing the identity or nationality of a holder.
Terms defined in s 2
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
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 11
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Special Proceedings
Chapter IX
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