SUMMONSES AND WARRANTS
(SPECIAL PROVISIONS)
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Summonses and Warrants (Special Provisions) Act is Brunei Act, cited as Act 155 1984, currently marked in force and first recorded in 1984.
Chapter
(SPECIAL PROVISIONS)
Opening note
as to Malaysia -1st November 1984
This Act may be cited as the Summonsesand Warrants
(SpecialProvisions)Act.
In this Act, unlessthe context otherwiserequires-
"Court"
has the same meaning assigned to it in the appropriate Criminal Procedure Code;
"Magistrate"
-
in relation to Singapore includes a
District Judge;
"Penal
Code"
means the appropriate
Penal
Code;
"summons"
includes any subpoena or other process for requiring the attendance of a witness in a criminal trial, criminal inquiry or other criminal proceeding under the appropriate
Criminal Procedure Code but does not include summons to a juror or an assessor.
Summonses and Warrants (Special Provisions)
CAP. 155 3
Where under the provisions of any law in force in
Malaysia or Singapore a Court or a Magistrate in Malaysia or
Singapore has issued a summons requiring a person accused of an offence to appear before any Court in Malaysia or
Singapore, and such person is, or is suspected of being in or on his way to Brunei Darussalam, a Magistrate in Brunei
Darussalam may, if satisfied that the summons was issued by a Court or a Magistrate in Malaysia or Singapore, endorse the summons with his name and designation and seal it with the seal of his Court, and such summons may then be served on such person as if it were a summons issued by a Magistrate in Brunei Darussalam under the provisions of the Criminal
Procedure Code, and such person shall, on service of the summons so endorsed, be legally bound to obey the summons, and if he intentionally omits to obey such summons he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred dollars, or to both, and in any such trial a certificate signed by a Magistrate in Malaysia or
Singapore that such person had omitted to obey the summons.
shall be sufficient evidence that he had intentionally omitted to obey the summons unless the contrary be proved, and no process. shall issue on such Magistrate in Malaysia or
Singapore or any other officer of Court in Malaysia or
Singapore or the person who served such summons to give evidence at such trial on behalf of any party.
Where under the provisions of any law in force in
Malaysia or Singapore corresponding to subsection (1), a summons to a person accused of any offence issued by a Court or a Magistrate in Brunei Darussalam has been endorsed by a
Magistrate in Malaysia or Singapore and served on the person accused, such summons shall for the purposes of the Criminal
Procedure Code be deemed to have been as validly served as if such service had been effected in Brunei Darussalam, and if such person intentionally omits to obey the summons he shall be liable to be tried and punished in Brunei Darussalam, and at any such trial a certificate signed by a Magistrate in
Malaysia or Singapore that such summons was duly served on
Serviceof summonsto an accused person between
Brunei
Darussalam,
Malaysiaand
Singapore
B.L.R.O.l/ 1999
4
CAP.155
Summonses and Warrants (Special Provisions)
Serviceof summonsto a witness between
Brunei
Darussalam,
Malaysiaand
Singapore the person accused, and an affidavit of such service by the person who served the summons may be given in evidence and shall be sufficient evidence of the service of the summons unless the contrary be proved, and no process shall issue on such Magistrate in Malaysia or Singapore or any other officer of Court in Malaysia or Singapore or the person who served such summons to give evidence at such trial on behalf of any party.
Where under the provisions of any law in force in
Malaysia or Singapore a Court, a Judge, a Magistrate, or any other officer of Court, in Malaysia or Singapore has issued a summons requiring a person to appear before any Court in
Malaysia or Singapore as a witness to give evidence in any criminal trial, criminal inquiry or other criminal proceeding, and such person is, or is suspected of being in or on his way to
Brunei Darussalam, a Magistrate in Brunei Darussalam may, if satisfied that the summons was issued by a Court, a Judge, a Magistrate, or other officer of Court, in Malaysia or
Singapore, endorse the summons with his name and designation and seal it with the seal of his Court, and such summons may then be served on such person as if it were a summons issued by a Court, a Judge, a Magistrate or an officer of Court having authority to issue same, in Brunei Darussalam under the provisions of the Criminal Procedure Code, and such witness shall, on service of the summons so endorsed, and on payment or tender of a reasonable amount for his expenses, be legally bound to obey the summons, and if he intentionally omits to obey such summons he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred dollars, or to both, and in any such trial a certificate signed by an officer of Court in Malaysia or Singapore that such person had failed to obey the summons shall be sufficient evidence that he had intentionally omitted to obey the summons unless the contrary be proved, and no process shall issue on such officer or Court in Malaysia or Singapore to give evidence at such trial on behalf of any party.
Summonses and Warrants (Special Provisions)
CAP. 155 5
Where under the provisions of any law in force in
Malaysia or Singapore corresponding to subsection (1) a summons requiring a person to appear before any Court in
Brunei Darussalam as a witness to give evidence in any criminal trial, criminal inquiry or other criminal proceeding has been duly endorsed in Malaysia or Singapore and served on the witness, such summons shall for the purposes of the
Criminal Procedure Code be deemed to be validly served as if such service had been effected in Brunei Darussalam, and if such person intentionally omits to obey the summons he shall be liable to be tried and punished in Brunei Darussalam, and at any such trial a certificate signed by a Magistrate in
Malaysia or Singapore that such summons was duly served on the witness and a reasonable amount for his expenses paid or tendered to him, and an affidavit of such service and the payment or tender of such expenses may be given in evidence and shall be sufficient evidence of the service of the summons and the payment or tender of the expenses unless the contrary be proved, and no process shall issue on such Magistrate in
Malaysia or Singapore or any other officer of Court in
Malaysia or Singapore or the person who served the summons and paid or tendered the expenses to give evidence at such trial on behalf of any party.
Where a Court in Malaysia or Singapore has issued a warrant in lieu of a summons or in addition to a summons for the arrest of a person under the provisions of the law of
Malaysia or Singapore corresponding to section 52 of the
Criminal Procedure Code of Brunei Darussalam, and such person is or is suspected of being in or on his way to Brunei
Darussalam, a Magistrate in Brunei Darussalam may, if satisfied that such warrant was duly issued in Malaysia or
Singapore, endorse the warrant with)1isname and designation and seal it with the seal of his Court, and such warrant may then be executed on such person as if it were a warrant issued in Brunei Darussalam under the provisions of the Criminal
Procedure Code.
Execution of a warrant issued in lieu of or in addition to summons
Cap. 7
BLR.O.111999
6
CAP.155
Summonses and Warrants (Special Provisions)
Where under the provisions of any law in force in
Malaysia or Singapore corresponding to subsection (1) a warrant issued by a Court in Brunei Darussalam has been duly endorsed in Malaysia or Singapore and executed on the person named in the warrant, such warrant shall for the purposes of the Criminal Procedure Code be deemed to have been as validly executed as if such execution had been effected in
Brunei Darussalam.
Where a warrant has been executed in Brunei
Darussalam pursuant to subsection (1), the person arrested shall be produced as soon as possible before a Magistrate in
Brunei Darussalam, who shall, if satisfied that he is the person specified in the warrant direct that the arrested person be transferred forthwith in custody to the appropriate Court in
Malaysia or Singapore and any such person shall while in such custody, be deemed for all purposes to be in lawful custody:
Provided that such Magistrate may, if for reasons to be recorded by him he is satisfied that it isin the interests ofjustice so to do, notwithstanding that the warrant of arrest contains no provision for the grant of bail to the person arrested, release such person on bail conditional of his appearing before the appropriate
Court in Malaysia or Singapore at a time to be specified in the bond and bail bond; and the provision of the
Criminal Procedure Code relating to bail and bonds shall apply to such bond and bail bond.
In addition to the liability to forfeiture of a bond and bail bond executed under the proviso to subsection (3) and to payment of the penalty thereof, the person released on such bond and bail bond who intentionally omits to appear before the appropriate Court in Malaysia or Singapore in accordance with the terms of the bond and bail bond shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred dollars, or to both.
Summonses and Warrants (Special Provisions)
CAP. 155 7
In proceedings for the forfeiture of a bond and bail bond executed under the proviso to subsection (3) and for the payment of the penalty thereof, and in a trial of an offence under subsection (4) a certificate signed by a Magistrate in
Malaysia or Singapore that the person released on such bond and bail bond had omitted to appear before the appropriate
Court in Malaysia or Singapore in accordance with the terms of the bond and bail bond shall be sufficient evidence that the person had intentionally omitted to appear before the appropriate
Court in Malaysia or Singapore in accordance with the terms of the bond and bail bond unless the contrary be proved, and no process shall issue on such Magistrate in Malaysia or Singapore or any other officer of Court in
Malaysia or Singapore to give evidence at such proceeding on behalf of any party.
Where in a proceeding under this Act a document
-
Proof of
Malaysia or
Singapore
purporting to be a summons, warrant or documents certificate and purporting to be signed or issued by a
Judge, Magistrate or an officer of Court in Malaysia or Singapore; or
purporting to be an affidavit of a person in
Malaysia or Singapore and purporting to be signed by the person who made it, is given in evidence by the prosecutor, it shall be presumed until the contrary is proved that such document is such summons, warrant, certificate or affidavit, as the case may be, and is so signed or issued, as the case may be.
The Minister may, with the approval of His Majesty
Rules the Sultan and Yang Di-Pertuan, make rules generally for carrying this Act into effect, and in particular but without prejudice to the generality of the foregoing, such rules may provide for -
BLR.O.II
1999
8
Summonses and Warrants (Special Provisions)
Retrospective effectin certain cases
facilitating communication between the
Courts in Brunei Darussalam and the Courts in
Malaysia or Singapore;
the removal of persons arrested under the provisions of section 5 of this Act and their control and maintenance until such time as they are handed over to the persons named in the warrants as entitled to receive them; and
the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies.
The provisions of this Act shall apply to summonses and warrants -
received in Brunei Darussalam from Malaysia or Singapore after the commencement of this Act notwithstanding that they were issued before the commencement of this Act or relate to offences committed before the commencement of this Act;
received in Brunei Darussalam from Malaysia or Singapore before the commencement of this Act but which have not yet been served or executed.
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