Section 85
Interpretation and savings
of Syariah Courts Criminal Procedure Code
(1)
In sections 82 and 83, "place' includes any building or part of a building, vehicle, vessel, aircraft or hovercraft and any other place whatsoever.
(2)
In sections 82 and 83, references to an offence charged include references to any other offence of which the accused could lawfully be convicted on that charge.
(3)
A person shall not have a case to answer or be convicted of an offence solely on an inference drawn from such failure or refusal as is mentioned in section 82, 83 or 84.
(4)
Nothing in section 82, 83 or 84 prejudices any power of a
Syariah Court in any proceedings to exclude evidence whether by preventing questions being put or otherwise at its discretion.
•
(5)
Sections 82, 83 and 84 are applicable only in offences other than those punishable with hadd or qisas.
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Power to record statement and ikrar 86.
Any Syar'ie Judge other than the Syar'ie Judge hearing the case may record in the presence of two witnesses who are 'adil, any statement or ikrar made to him at any time before the commencement of the trial.
Search by Religious Enforcement Officers or police officers 87.
(1)
When a Religious Enforcement Officer or police officer making an investigation considers that the production of any evidence or other thing is necessary to the conduct of an investigation into any offence which he is a authorised to investigate and has reason to believe that -
(a)
the person to whom a summons or order under section 52
has been or might have been addressed will not or would not produce any property or document as directed in the summons or order; or
(b)
when such property or document is not known to be in the possession of any person.
the officer may search or cause search to be made to find the evidence or other thing in any place.
(2)
Such officer shall, if practicable. conduct the search in person.
(3)
If he is unable to conduct the search in person and there is no other person competent to make the search present at the time. he may direct any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing specifying any evidence or other thing for which search is to be made and the place to be searched, and the subordinate officer may thereupon search for the evidence or other thing in such place.
(4)
The provisions of this Code in respect of search warrants shall, so far as may be, apply to a search made under this section.
Religious Enforcement Officer or police officer may require bond for appearance of complainant and witness 88.
(1)
If on an investigation made under this Chapter it appears to the officer making the investigation that there is sufficient evidence or there is reasonable ground to justify the commencement or continuance of criminal proceedings against any person, such officer may require the complainant, if a any, and so many of other persons who appear to such officer to be
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acquainted with the circumstances of the case. as he thinks necessary. to execute a bond to appear before the Syariah Court therein named and give evidence in the matter of the charge against the accused.
(2)
The officer in whose presence the bond is executed shall send it to the Syariah Court.
(3)
If any complainant or witness refuses to execute such bond. such officer shall report the same to the Syariah Court which may thereupon in its discretion issue a summons or warrant to secure the attendance of such complainant or witness before itself to give evidence in the matter of the charge against the accused.
Surrender of travel documents 89.
(1)
A Syariah Subordinate Court Judge may, on the application of a
Religious Enforcement Officer or police officer not below the rank of
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
Officer or police officer not below the rank of Inspector any travel document in his possession.
(2)
A notice under subsection (1) shall be served personally on the person to whom it is addressed.
(3)
A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.
(4)
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.
(5)
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 -
(a)
the expiry of the period of 28 days from the date of his committal to prison; or
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(b)
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.
(6)
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.
(7)
All proceedings before a Syariah Subordinate Court Judge under this section shall be conducted in chambers.
(8)
In this section and section 90, "travel document" means a passport or other document establishing the identity or nationality of a holder.
Return of travel documents 90.
(1)
When a travel document has been surrendered and retained by a
Religious Enforcement Officer or police officer not below the rank of
Inspector under section 89, a person affected by such order may at any time make an application in writing to a Syariah Subordinate Court Judge for its return, and every such application shall contain a statement of the grounds on which it is made.
(2)
A Syariah Subordinate Court Judge shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the Religious Enforcement Officer or police officer not below the rank of Inspector.
(3)
Before an application is granted under this section, the applicant may be required to -
(a)
deposit such reasonable sum of cash money with the
Religious Enforcement Officer or police officer not below the rank of
Inspector as the Syariah Subordinate Court Judge deems fit;
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(b)
provide local surety; or
(c)
satisfy paragraphs (a) and (b).
(4)
Any such applicant or surety may be required to deposit a reasonable sum of cash money with the Religious Enforcement Officer or police officer not below the rank of Inspector as the Syariah Subordinate
Court Judge deems fit, for retention by the Religious Enforcement Officer or police officer not below the rank of Inspector until such time when the travel document is returned to the Religious Enforcement Officer or police officer not below the rank of Inspector.
(5)
Failure of the applicant to return to Brunei Darussalam or to surrender the travel document to the Religious Enforcement Officer or police officer not below the rank of Inspector within the specified time will render the deposit held by the Religious Enforcemei~t Officer or police officer not below the rank of Inspector to be forfeited to the Government and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 89(1) may be arrested and dealt with under section 89(4) and (5).
(6)
An application under this section may be granted subject to the conditions that -
(a)
the applicant shall further surrender his travel document to the Religious Enforcement Officer or police officer not below the rank of Inspector at such time as may be specified; and
(b)
the applicant shall appear at such time and place in Brunei
Darussalam as may be specified.
(7)
Where a travel document is returned to the applicant under this section subject to the conditions imposed under subsection (6), then after the time specified under the subsection, the provisions of section 89(6) shall continue to apply in respect of the travel document surrendered by the applicant pursuant to the conditions as if no return had been made to the applicant under this section.
Diary of proceedings in investigation 91.
(1)
Every Religious Enforcement OfEcer or police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in an investigation diary setting forth -
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(a)
the time at which the order for investigation, if any, reached him;
(b)
the time at which he began and closed the investigation;
(c)
the place or places visited by him;
(d)
the person or persons questioned by him; and
(e)
a statement of the circumstances ascertained through his investigation.
(2)
Notwithstanding anything contained in the Syariah Courts
Evidence Order, 2001 (S 6312001). an accused person shall not be entitled, either before or in the course of any inquiry or trial, to call for or inspect the diary.
(3)
If the Religious Enforcement Oficer or police officer who has made the investigation refers to the diary while giving evidence in an inquiry or a trial. the entries only as such officer has referred to shall be shown to the accused and the Syariah Court shall, on request of the officer, cause any other entry to be concealed from view or obliterated.