Section 74A
of Royal Brunei Armed Forces Act
Section 74A
For the purposes of section 74, a provost officer or any member of the Armed Forces legally exercising authority under a provost officer or on his behalf shall have the same powers of investigation of a police officer under Chapter XIII of the Criminal Procedure Code (Chapter 7).
Provisions for avoiding delay after arrest 75.
(1)
The allegations against any person subject to military law who is under arrest shall be duly investigated without unnecessary delay, and as
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soon as may be practicable either, proceedings shall be taken for punishing his offence, or he shall be released from arrest.
(2)
Wherever any person subject to military law, having been taken into military custody, remains under arrest for a longer period than 8 days without a court-martial for his trial being assembled, a special report on the necessity for further delay shall be made by his commanding officer to the prescribed authority in the prescribed manner, and a similar report shall be made to the like authority and in the like manner every 8 days until a court-martial is assembled or the offence is dealt with summarily or he is released from arrest:
Provided that, in the case of a person on active service, compliance with this subsection shall be excused in so far as it is not reasonably practicable having regard to the exigencies of military operations.
Investigation of, and summary dealing with, charges
Investigation of charges by commanding officer 76.
Before an allegation against a person subject to military law (in this
Act referred to as the accused) that he has committed an offence against any provision of this Part is further proceeded with, the allegation shall be reported, in the form of a charge, to the accused’s commanding officer and the commanding officer shall investigate the charge in the prescribed manner.
Charges to be dealt with summarily or by court-marital 77.
(1)
After investigation, a charge against an officer below the rank of
Colonel or against a warrant officer or non-commissioned officer of the rank of Staff Sergeant may, if an authority has power under the following provisions of this Part to deal with it summarily, be so dealt with by that authority (in this Act referred to as the appropriate superior authority) in accordance with those provisions.
(2)
After investigation, a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier may, if his commanding officer of the appropriate superior authority has power in that behalf under the following provisions of this Part, be dealt with summarily by such commanding officer or the appropriate superior authority, as the case may be, subject to and in accordance with those provisions.
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(3)
Any charge not dealt with summarily as mentioned in subsections (1) and (2) shall after investigation be remanded for trial by court-martial or otherwise proceeded with in accordance with the following provisions of this Part.
(4)
Notwithstanding anything in the previous provisions of this section, where —
(a)
the commanding officer has investigated a charge against an officer, warrant officer or non-commissioned officer of the rank of
Staff Sergeant; or
(b)
the commanding officer has investigated a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier which is not a charge which can be dealt with summarily, the commanding officer may dismiss the charge if he is of opinion that it ought not to be further proceeded with.
(5)
References in this Act to dealing summarily with a charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may be required, of the following action —
(a)
determining whether the accused is guilty;
(b)
dismissing the charge; or
(c)
recording a finding of guilty accordingly, and awarding punishment.
Further proceedings on charges against non-commissioned officers below the rank of Staff Sergeant and soldiers 78.
(1)
The following provisions of this section shall have effect when the commanding officer has investigated a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier.
(2)
If the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it, he shall take the prescribed steps with a view to the charge being tried by court-martial.
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(3)
If the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with by him, he shall submit it in the prescribed manner to the appropriate superior authority, and thereupon such authority shall determine how the charge is to be proceeded with in accordance with subsection (4).
(4)
Any appropriate superior authority to whom the charge is submitted pursuant to subsection (3) shall —
(a)
determine that the prescribed steps shall be taken with a view to the charge being tried by court-martial;
(b)
deal with the charge summarily in accordance with section 80; or
(c)
refer the charge back to the commanding officer to be dealt with summarily by him:
Provided that a charge shall not be referred back without the written consent of the accused.
(5)
If the charge is one which can be dealt summarily and the commanding officer has not dismissed it and is of the opinion that it should be dealt with summarily by him, or it has been referred back to be so dealt with by him pursuant to subsection (4)(c), he shall proceed to deal with the charge summarily; and if he records a finding of guilty he may award one or more of the following punishments —
(a)
if the accused is a soldier, detention for a period not exceeding 28 days;
(b)
if the accused is a non-commissioned officer below the rank of Sergeant, reduction to the ranks or any less reduction in rank;
(c)
fine;
(d)
if the accused is a non-commissioned officer, a severe reprimand or reprimand;
(e)
where the offence has occasioned any expense, loss or damage, stoppages; and
(f)
any minor punishment for the time being prescribed:
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Provided that no fine or minor punishment shall be awarded for an offence for which detention is awarded:
And provided further that the amount of a fine that may be awarded for —
(a)
except in the case of an offence against section 72, shall not exceed the amount of the offender’s pay for 28 days; and
(b)
in the excepted case of an offence against section 72 —
(i)
in any case, shall not exceed the amount of the offender’s pay for 28 days; and
(ii)
where the maximum amount of any fine by which the civil offence constituting the offence against section 72
is punishable by a civil court (or by the most subordinate of any two or more such courts by which the said civil offence is punishable) is less than the amount limited by sub-paragraph (i), shall not exceed that maximum, a day’s pay being taken for the purposes of this proviso, as respects a person found guilty of any offence, as the gross pay that is, or would (apart from any forfeiture or deduction) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.
(6)
Notwithstanding anything in subsection (5), where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award any of the following punishments —
(a)
reduction to the ranks or any less reduction in rank;
(b)
a fine of an amount exceeding 14 days pay; or
(c)
stoppages for a period exceeding 14 days, he shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently in accordance with General Orders withdraw his election, the commanding officer shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.
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Further proceedings on charges against officers etc.