Criminal law in Brunei

Civil criminal law is based primarily on the Penal Code Cap.22 and the Criminal Procedure Code Cap.7. The Syariah system (Syariah-System) comprises the Syariah Penal Code Cap.275 and the Syariah Courts Criminal Procedure Code Cap.224. The Syariah Penal Code generally applies to Muslims and non-Muslims unless the relevant provision provides otherwise; the Syariah courts have exclusive jurisdiction over its offences. After proceedings under the Syariah Penal Code, a further proceeding under the Penal Code Cap.22 for the same or a similar offence is generally not permitted. In the civil court system, the levels range from the Subordinate Court, with the Magistrate’s Court and Juvenile Court, through the Intermediate Court to the Supreme Court, with the High Court and Court of Appeal. The Syariah system comprises the Syariah Subordinate Court, the Syariah High Court, and the Syariah Appeal Court. The Attorney General’s Chambers, through the Criminal Justice Division and the Public Prosecutor, bring civil criminal charges. In the Syariah system, this task is performed by the Chief Syar’ie Prosecutor. Depending on the circumstances, investigations are conducted by the Royal Brunei Police Force, its Criminal Investigation Department, the Cyber Crime Investigation Division, the Narcotics Control Bureau, the Anti-Corruption Bureau, or the Religious Enforcement Division. After an arrest, the person must, according to the official judicial information, be brought before a Magistrate’s Court within 48 hours at the latest or be released on bail. The court may order remand detention while investigations are still ongoing. Bail may consist of a monetary payment or a surety; the court determines the amount and security. Breaching bail conditions may result in an arrest warrant, revocation of bail, renewed detention, and forfeiture of the security. The charge and the prescribed penalty are read out in the preferred language. The accused person may plead guilty or not guilty. If there is a guilty plea, the court reads out the facts; full agreement may lead to conviction, while a material disagreement may trigger a trial with evidence. If the charge is denied, case management, service of documents, and the trial follow. An alibi notice may be required; failing to provide one may restrict the later use of alibi evidence. At trial, the court first hears the prosecution witnesses and then the defence. The court examines the evidence, hears closing submissions, and acquits or convicts. If the defence presents its own evidence, the accused person’s silence may be viewed adversely under the statutory conditions. The evidence may consist of witness testimony, documents, expert opinions, and physical or digital evidence. In digital cases, device, account, and bank data, as well as cross-border cooperation, may be decisive. The Computer Misuse Act Cap.194 covers, among other things, unauthorised access, unauthorised modification, unauthorised interception of computer services, obstruction, and unauthorised disclosure of access codes. Online acts may additionally fall under the Penal Code, fraud offences, sexual offences, or other special laws. Possible sanctions under civil criminal law include the death penalty, life imprisonment, imprisonment, forfeiture, a fine, and caning. Depending on the law and the case, a compensation order, probation, conditional or unconditional discharge, community service, a driving ban, or confiscation of assets may also be available. Probation lasts from six months to three years; community service usually comprises 40 to 240 hours and should normally be completed within one year. For a single offence, the general sentencing limit of the Magistrate’s Court is usually three years’ imprisonment, B$5,000, or 24 strokes; for multiple offences, the combined limits are usually nine years or B$15,000, unless a special law provides otherwise. For many offences, the jurisdiction of the Magistrate’s Court generally extends to up to seven years’ imprisonment or an aggregate fine of B$10,000. For young people, the Juvenile Court generally has jurisdiction in all four districts until the person reaches 18. A child is defined as a person under 14, while a young person is a person aged 14 or over and under 18. The procedure involves a parent or guardian, JAPEM, and an advisory panel, and focuses on protection, rehabilitation, and reintegration. Possible measures include probation, counselling, a good-conduct order, placement in a Remand Home or an approved institution, and release to a parent or guardian subject to conditions. Injured persons report the offence to the competent investigative body and may appear as witnesses. The Public Prosecutor decides whether to bring a civil criminal charge. Witnesses must generally appear and testify truthfully; an arrest warrant may be issued for unjustified absence. Interpreters may be requested. For children, traumatised witnesses, and victims of violence or sexual offences, the court may, under certain conditions, allow testimony by video, a special room, shielding from the accused person, or assistance from a social worker. A Compensation Order may take the loss suffered into account in the criminal proceedings; a separate civil claim remains distinct. In road traffic matters, the Road Traffic Act Cap.68 and the jurisdiction of the Road Traffic Section or the Subordinate Court apply, among others. Typical offences include driving without a licence or insurance, speeding, driving under the influence of alcohol or drugs, dangerous or careless driving, unauthorised use of a mobile phone, and failing to stop, report, or provide assistance after an accident. A first drink-driving offence may, for example, result in B$10,000 and two years’ imprisonment; for repeat offences, B$20,000, four years’ imprisonment, and a driving disqualification of several years may be provided. The precise provision and the applicable version of the law determine the specific consequence. For certain traffic offences, payment may be permitted to dispose of the proceedings. A criminal decision of the High Court or Intermediate Court can generally be appealed to the Court of Appeal. A criminal decision of the Magistrate’s Court generally proceeds to the High Court on appeal. The official judicial information gives a period of two weeks for filing after judgment, subject to the applicable procedural rules. A general statutory obligation to provide criminal defence counsel during every period of detention was not confirmed in the official materials reviewed; however, Judiciary Practice Direction 10/1997 demonstrates legal aid in capital cases. The duration and cost of investigations, remand detention, trial, and appeal depend on the offence, the evidence, and the procedure. No general official average duration is available.