Section 77

When any person appears or is brought before a Magistrate in compliance with a summons or in execution of a warrant issued under section 75, the Magistrate shall proceed to inquire into the truth of the information on which he has acted and to take such further evidence as may be necessary.

When any person has been arrested without warrant and brought before a Magistrate for the purpose of being bound over either to keep the peace or to be of good behaviour, the Magistrate shall, instead of requiring him to show cause, explain to such person the purport and object of the inquiry and shall take such evidence as may be produced on either part.

An inquiry under this section shall be made as nearly as may be practicable in the manner hereinafter prescribed for conducting summary trials before Magistrates except that no charge need be framed.

For the purposes of this section, the fact that a person is a habitual offender may be proved by evidence of general repute or otherwise.

Order to give security 78.

If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or a without sureties, the Magistrate shall make an order accordingly:

Provided that -

If any person in respect of whom an order requiring security is made under section 71 or 78 is at the time such order is made sentenced to or undergoing a sentence of imprisonment, the period for which the security is required shall commence on the expiration of such sentence.

In other cases, the period shall commence on the date of such order.

Contents of bond 81.

The bond to be executed by any person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the abetment of any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.

Power to reject sureties 82.

A Court may in its discretion refuse to accept any particular person or persons offered as surety for good behaviour under this Chapter.

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Imprisonment in default of sureties 83.

If any person ordered to give security under section 71 or 78

does not give such security on or before the date on which the period for which such security is to be given commences, he may be committed to prison, or if he already is in prison may be detained in prison, until such period expires or until within such period he gives such security to the Court which made the order requiring it or to the officer in charge of the prison in which he is detained.

If such person is unable or unwilling to execute the bond but is willing to leave Brunei Darussalam and not return thereto for such period as the Court shall approve, the Court may, subject to the execution of any sentence of imprisonment to which he has been sentenced, order accordingly.

Pending the departure of the offender from Brunei

Darussalam, he may be remanded in custody.

Power to release person imprisoned for failing to give security 84.

When a Court is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, the Court may order such person to be discharged:

Provided that a Court of a Magistrate shall not exercise this power except in cases where the imprisonment is under its own order.

Magistrate to report in cases in which security has been ordered by superior Court 85.

Whenever a Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter as ordered by a Court superior to his Court may be released without the hazard mentioned in section 84, the

Magistrate shall make an immediate report of the case for the orders of the superior Court, and such Court may if it thinks fit order such person to be discharged.

Discharge of security 86.

Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a Magistrate to cancel any bond executed under this Chapter.

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On such application being made, the Magistrate shall issue a summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or be brought before him.

When such person appears or is brought before the

Magistrate, he shall cancel the bond and shall order such person to give for the unexpired portion of the term of the bond fresh security of the same description as the original security.

Every such order shall, for the purposes of sections 81,82,83

and 84, be deemed to be an order made under section 71 or 78, as the case may be.