Section 182
of Royal Brunei Armed Forces Act
Section 182
(1)
Duties or tolls for embarking from or disembarking on any pier, wharf, jetty, quay or landing place in Brunei Darussalam, or for passing over any road, ferry or bridge in Brunei Darussalam shall not be payable in respect of —
(a)
members of the Armed Forces or the Reserve Regiment on duty;
(b)
vehicles in military service, being vehicles belonging to
Government or other vehicles driven by persons (whether or not members of the Armed Forces or Reserve Regiment) in the public service of Brunei Darussalam;
(c)
goods carried in such vehicles;
(d)
horses or other animals in military service.
(2)
In subsection (1), “in military service” means employed under proper military authority for the purposes of any unit or accompanying any body of the Armed Forces or the Reserve Regiment.
Exemption from taking in execution of property used for military purposes 183.
No judgment, decree or order given or made against a member of the
Armed Forces or the Reserve Regiment by any court in Brunei Darussalam shall be enforced by the levying of execution on any property of the person against whom it is given or made, being arms, ammunition, equipment, instruments or clothing used by him for military purposes.
Deserters and absentees without leave
Arrest of deserters and absentees without leave 184.
(1)
Where no police officer or District Officer is available (to exercise the powers of arrest conferred by section 28(1)(f) of the Criminal
Procedure Code (Chapter 7), any member of the Armed Forces or the
Reserve Regiment or any other person, may arrest any person whom he has
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reasonable cause to suspect of being a member of the Armed Forces or the
Reserve Regiment who has deserted or is absent without leave.
(2)
Any person having authority under any written law to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being within his jurisdiction a member of the Armed Forces or the Reserve Regiment who has deserted or is absent without leave or is reasonably suspected of having deserted or of being absent without leave, may issue a warrant authorising his arrest.
(3)
Any person in custody in pursuance of this section shall as soon as practicable be brought before a Court of a Magistrate.
(4)
A person shall also be brought before a Court of a Magistrate if having been brought before such a court by virtue of subsection (3) or of section 33 of the Criminal Procedure Code (Chapter 7) and discharged by the court by virtue of section 185(3) —
(a)
he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section 74, or under a warrant issued under section 189;
(b)
the question whether he is in fact in desertion or absent without leave raises any issue which was investigated by the court discharging him; and
(c)
he does not admit that he is in desertion or absent without leave to the person arresting him under section 74 or, as the case may be, to the person into whose custody he is delivered pursuant to section 189.
Proceedings before civil court where persons suspected of illegal absence 185.
(1)
Where a person who is brought before a Court of a Magistrate is alleged to be a member of the Armed Forces or the Reserve Regiment who has deserted or is absent without leave, the following provisions shall have effect.
(2)
If he admits that he is illegally absent from the Armed Forces or the Reserve Regiment and the court is satisfied of the truth of the admission then —
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(a)
unless he is in custody for some other cause the court shall, and
(b)
notwithstanding that he is in custody for some other cause, the court may, forthwith either cause him to be delivered into military custody in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military custody) or until sooner delivered into such custody.
Any time specified by the court may be extended by the court if it appears to the court reasonably necessary to do so for such purpose.
(3)
If he does not admit that he is illegally absent, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and —
(a)
if satisfied that he is subject to military law; and
(b)
if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave, then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody or commit him as mentioned in subsection (2), but otherwise shall discharge him:
Provided that if he is in custody for some other cause, the court shall have power, but shall not be required, to act in accordance with this subsection.
(4)
For the purposes of any proceedings under this section, a certificate which states that a person is a member, and illegally absent from the Armed Forces or the Reserve Regiment and purports to be signed by the officer who, if that person were charged with an offence, would be either his commanding officer or authorised to act as his appropriate superior authority, shall be evidence of the matters so stated.
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Deserters and absentees without leave surrendering to police 186.
(1)
Where in Brunei Darussalam a person surrenders himself to a police officer as being illegally absent from the Armed Forces or the Reserve
Regiment, the police officer shall (unless he surrenders himself at a police station) bring him to a police station.
(2)
The police officer in charge of a police station at which a person has surrendered himself as mentioned in subsection (1), or to which a person who has so surrendered himself is brought, shall forthwith inquire into the case, and if it appears to that officer that the person is illegally absent, he may cause him to be delivered into military custody without bringing him before a Court of a Magistrate or may bring him before such a court.
Certificates of arrest or surrender of deserters and absentees 187.
(1)
Where a Court of a Magistrate in pursuance of section 185 deals with a person as illegally absent, then when that person is delivered into military custody there shall be handed over with him a certificate in the prescribed form, signed by a magistrate, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court.
(2)
Where under section 186 a person is delivered into military custody without being brought before a court, there shall be handed over with him a certificate in the prescribed form, signed by the police officer who causes him to be delivered into military custody, containing the prescribed particulars relating to his surrender.
(3)
In any proceedings for an offence under section 43 or 44 —
(a)
a document purporting to be a certificate under either subsection (1) or (2) and to be signed as thereby required, shall be evidence of the matters stated in the documents;
(b)
where the proceedings are against a person who has been taken into military custody on arrest or surrender, a certificate purporting to be signed by a provost officer or any other officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender shall be evidence of the matters stated in the certificate.
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Duties of Director of Prisons and others to receive deserters and absentees 188.
(1)
It shall be the duty of the Director or other person in charge of a civil prison in Brunei Darussalam to receive any person duly committed to that prison by a Court of a Magistrate as illegally absent from the Armed
Forces or the Reserve Regiment and to detain him until, in accordance with the directions of the court, he is delivered into military custody.
(2)
Subsection (1) applies to the person having charge of any police station or other place (not being a prison) provided for the confinement of persons in custody in Brunei Darussalam, as it applies to the Director of a
Prison.
Further powers of arrest of civil authorities
Arrest under warrant of commander 189.
(1)
A warrant for the arrest of a person suspected of any offence under Part 5 may be issued by the Commander.
(2)
A warrant issued under this section shall be addressed to an officer or officers of police, and shall specify the name of the person for whose arrest it is issued and the offences which he is alleged to have committed; and any such warrant may be issued in respect of two or more persons alleged to have committed the same offence, or offences of the same class.
(3)
A person arrested under a warrant under this section shall as soon as practicable be delivered into military custody; and there shall be handed over with him a certificate signed by the police officer who causes him to be delivered into military custody stating the fact, date, time and place of arrest, and whether or not the person arrested was at the time of arrest wearing the uniform of any military force of His Majesty the Sultan and
Yang Di-Pertuan.
(4)
A certificate under subsection (3) shall be in such form as may be prescribed and shall for the purposes of this Act be evidence of the matters stated therein.
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Arrest of persons unlawfully at large 190.
A police officer may arrest without warrant any person who, having been sentenced under Part 5 to imprisonment or detention, is unlawfully at large during the currency of the sentence, and may take him to any place in which he may be required in accordance with law to be detained.
Searches
Search of place entered by person sought to be arrested 191.
Any person empowered under or by virtue of this Act to make an arrest may enter (if need be, by force) and search any place where the person to be arrested is or where the person empowered to make the arrest, with reasonable cause, suspects him to be.
Search of person arrested 192.
(1)
A person making an arrest under or by virtue of this Act may search the person arrested if there are reasonable grounds for believing that the person arrested has on his person —
(a)
any implement with which he might do himself or others an injury;
(b)
any implement with which he might effect an escape; or
(c)
any evidence which is material to any offence with which he is charged or alleged to have committed, and if any of such things are found upon him, the person making the arrest shall place or retain them in military custody until the conclusion of any proceedings in respect of any such offence.
(2)
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
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General power to search military places and personnel 193.
Subject to General Orders, an officer may without warrant make (or authorise to be made by an officer of inferior rank or a warrant officer or non-commissioned officer) a search of —
(a)
any camp, barracks, married or other quarters, or of any other military premises or place within his command; and
(b)
the person of any member of the Armed Forces or the
Reserve Regiment within his command and any kit-bag, box or other receptacle or any vehicle belonging to such member:
Provided that the quarters, belonging or person of such a member shall not be searched except by a member of the Armed Forces or the Reserve
Regiment of superior rank.
Evidence
General provisions as to evidence 194.
(1)
The following provisions shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.
(2)
A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person enlisted.
(3)
The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.
(4)
A letter, return or other document stating that any person —
(a)
was or was not serving at any specified time or during any specified period in the Armed Forces or the Reserve Regiment or was discharged from the Armed Forces or the Reserve Regiment at or before any specified time; or
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(b)
held or did not hold at any specified time rank or appointment in the Armed Forces or the Reserve Regiment, or had at or before any specified time been attached, posted or transferred to any unit of the Armed Forces or the Reserve Regiment, or at any specified time or duration any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place; or
(c)
was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe or emblem, shall, if purporting to be issued by the Commander, be evidence of the matters stated in the document.
(5)
A record made in any service book or other document prescribed by General Orders for the purposes of this subsection, being a record made in pursuance of any written law or of General Orders, or otherwise in pursuance of military duty, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record (including the signature thereto)
in any such book or other document, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.
(6)
A document purporting to be issued by order of the competent authority and to contain instructions, directions or regulations given or made by His Majesty in Council or the competent authority shall be evidence of the giving of the instructions or directions or making of the regulations and of their contents.
(7)
A certificate purporting to be issued by the Commander and stating that —
(a)
a decoration of a description specified in or annexed to the certificate is a military decoration; or
(b)
a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorised by His
Majesty the Sultan and Yang Di-Pertuan, shall be evidence of the matters stated in the certificate.
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(8)
A certificate purporting to be signed by a person’s commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for —
(a)
any formation or unit or body of troops;
(b)
any command or other area, garrison or place; or
(c)
any ship, train, vehicle or aircraft, shall in proceedings against that person be evidence of the matters stated in the certificate.
Proof of outcome of civil trial 195.
(1)
Where a person subject to military law has been tried before a civil court (whether at the time of the trial he was subject to military law or not), a certificate signed by a competent official of the court and stating all or any of the following matters —
(a)
that the person has been tried before the court for an offence specified in the certificate;
(b)
the result of the trial;
(c)
what judgment or order was given or made by the court;
(d)
that other offences specified in the certificate were taken into consideration at the trial, shall for the purposes of this Act be evidence of the matters stated in the certificate.
(2)
A competent official of the court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this section.
(3)
A document purporting to be a certificate under this section and to be signed by a competent official of the court shall, unless the contrary is shown, is deemed to be such a certificate.
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(4)
References in this section to a competent official of the court are references to any official of the court authorised for the purposes of this section having the lawful custody of the records of the court.
Evidence of proceedings of court-martial 196.
(1)
The original proceedings of a court-martial purporting to be signed by the president of the court and being in the custody of the Judge
Advocate General or of any person having the lawful custody thereof shall be admissible in evidence on production from that custody.
(2)
A document purporting to be a copy of the original proceedings of a court-martial or any part thereof and to be certified by the Judge
Advocate General or any person authorised by him, or by any other person having the lawful custody of the proceedings, to be a true copy shall be evidence of the contents of the proceedings or the part to which the document relates, as the case may be.
(3)
This section applies to evidence given in any court in Brunei
Darussalam, whether civil or criminal.
MIscellaneous provisions
Restrictions on reduction in rank of warrant and non-commissioned officers 197.
(1)
A warrant officer or non-commissioned officer of the Armed
Forces or the Reserve Regiment (other than a Lance Corporal) shall not be reduced in rank except by lawful punishment awarded under this Act or by order of the Commander.
(2)
For the purposes of subsection (1), reduction in rank does not include reversion from acting rank.
Temporary reception in civil custody of persons under escort 198.
Where a person is in military custody when charged with, or with a view to his being charged with, an offence under Part 5, it shall be the duty of the Director or other person in charge of a civil prison, or of the person having charge of any police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commanding officer of the person in custody to receive him into his custody:
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Provided that no person shall be kept in custody at a police station for a period exceeding 7 days.
Avoidance of assignment of or charge on military pay, pensions etc.