SUPREME COURT
Organisation Structure
Court of Appeal
The Court of Appeal is Brunei’s final Court of appeal for Criminal cases. In civil cases parties are able to appeal to the Judicial Committee if the Privy Council in the United Kingdom provided that both parties agree beforehand.
The Court of Appeal is headed by the President of the Court of Appeal and Judges of the Court of Appeal who are sworn in as Judicial Commissioners by His Majesty the Sultan of Brunei. High Court Judges may also sit on the Court from time to time. When sitting, three Judges, including the President will sit on the bench.
The Court of Appeal hears appeals from any Judgment or Order of the High Court and Intermediate Court in any civil matter. For Criminal matters, the Court of Appeal hears decisions of the High Court and the Intermediate Court and also determines questions of law that may have arisen in the Court below.
High Court
The High Court consists of the Chief Justice and the High Court Judges and Judicial Commissioners of the High Court. The High Court has original unlimited Jurisdiction to hear both civil and criminal cases as a court of first instance. In addition, the High Court also has revisionary jurisdiction over all subordinate Courts in both civil and criminal matters.
Proceedings heard in the High Court are usually dealt with by a single Judge on the bench. Special circumstances apply to capital offences, where the case will be dealt with two Judges on the bench.
In its appellate Jurisdiction, the High Court considers appeals in criminal and civil matters against the decisions of the Subordinate Courts.
Sheriff and Bailiff
The Sheriff is responsible for the safe-keeping and sale of seized items under Writs of Execution (i.e. Seizure and sale) or writs of distress.
The execution of the writ may be executed between the hours of 9.00am and 4.00 pm during week-days with the assistance of the Court Bailiff. The Sheriff may allow writs to be executed during non-office hours.
Sales by public auction will be carried out by the Sheriff with the assistance of the Court Bailiffs between the hours of 9.00am and 4p.m and notice will be posted on the Notice Board of the Registry and the place of intended sale 7 days before the sale.
Supreme Court's Registry Services
The Supreme Court Registry consist of High Court and Intermediate Court. This registry is headed by the Chief Registrar who is in charge of the day to day administration. The Chief Registrar is assisted by the Deputy Chief Registrar, Senior Registrars and Registrars who perform both judicial and administrative functions. Civil proceedings are heard in Chambers by the Chief Registrar, Deputy Chief Registrar, Senior Registrars and Registrars.
The Registry provides various legal counters that amongst other include Civil, Criminal, Writs, Summons, Taxation, Bailiff, Summon in Chambers, Power of Attorney, Practicing Certificates, Civil Marriages, Services, Orders and Searches. The Registry is responsible for processing and registering court documents and to keep safe records of all files and Court documents to make them available for court hearings and searches by lawyers. The Legal Assistant oversees the running of the Registry.
Supreme Court Civil Registry Services & Fees
| Type of Action | Fees | Additional Fees |
|---|---|---|
| Sealing Writ of Summons | $200.00 | – |
| Sealing Originating Summons | $160.00 | – |
| Sealing Petition | $160.00 | – |
| Notice of Appeal (Civil) | $100.00 | – |
| Originating Motion | $160.00 | – |
| Entering appearance | $20.00 each person | – |
| Sealing an Interlocutory Applications | $40.00 | – |
| Notice of Motion (except a motion for Judgment) | $80.00 | – |
| Setting Down Action for Trial | $200.00 | – |
| Sealing Writ of Subpoena | $8.00 | – |
| Sealing Writ of Execution, Order of Committal, arrest or attachment of property | $40.00 | – |
| Sealing Order (made in Chambers) | $80.00 | – |
| Sealing Order or Judgment (made in Trial) | $120.00 | – |
| Sealing a Judgment pursuant to an Order or certificate (made in Chambers) | $40.00 | – |
| Affidavit | $16.00 | $8.00 on taking |
| Exhibit | $6.00 each exhibit | – |
| Bundle of Documents / Bundle of Authorities | $16.00 | – |
| Search for Appearance | $16.00 each Defendant | – |
| Civil file search | $12.00 for half an hour | – |
| Cause book search | $12.00 for each name | – |
| Copies of documents | $4.00 each folio | – |
Interpreter and Court Recorder Unit
The interpreters play an important role in the proceedings of the court. They interpret to the defendant, witness, prosecutor, defence counsel and judge so that the proceedings can go on smoothly.
The composition of the interpreters are:-
- Chief Interpreter – 1
- Senior Interpreters – 2
- Interpreters – 7
- On-call interpreters – 6
There are currently one Chinese interpreter at the Bandar Seri Begawan courts. They interpret from the English language to the Chinese language and other Chinese dialects as well as the Malay language and vice-versa. The rest of the interpreters are Malay interpreters, who interpret from the English language to the Malay language and vice-versa.
The court recorders are assigned to record court proceedings and type out what has transpired during said proceedings. There are currently 6 court recorders.