What is a criminal offence?- Brunei Darussalam has criminal laws set in place to prohibit certain types of conduct. It aims to protect harm against people, property, health, safety and the moral welfare of the nation.
- Anyone who breaks the law can be charged in court and punished for their crime if they are found guilty.
- Charges are decided and brought to court by the Public Prosecutor.
What do Magistrates do?
- Magistrates hear criminal cases in the Magistrate’s Court.
- They can hear criminal cases involving offences that carry a maximum penalty of up to 7 years imprisonment or a total fine of $10,000.
- There are also special offences that carry a penalty that exceeds the above limit which is permitted by law for a magistrate to hear.
- If the offence carries a higher maximum penalty that a magistrate cannot hear, the magistrate can transfer the criminal case to the Intermediate Court or the High Court.
- Magistrates can record plea, hear evidence and make determination on facts and legal issues in court.
- Magistrates can also hold preliminary inquiries into any criminal offence to make sure that there is sufficient evidence to bring the case before the High Court.
What kind of sentence can a Magistrate pass?
- For a single offence, a Magistrate can pass the following sentences:
- Imprisonment for a term not exceeding 3 years
- A fine not exceeding $5,000 (s. 11 CPC)
- Whipping of up to 24 strokes (s. 257 CPC)
- There are also special cases where a magistrate is permitted by law to pass a sentence that exceeds the above limits.
- For more than one offence, a magistrate can combine the sentences as long as it does not exceed 9 years imprisonment or $15,000. (s. 13 CPC)
- A magistrate can also make orders in lieu of a sentence or in addition to a sentence.
- Examples of these orders are a Compensation Order, a Probation Order, Conditional or Absolute Discharge.
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