LAWS OF BRUNEI
Official Secrets
CAP. 153
15
Power to arrest.
13.
(1) Any person who is found committing an offence against this Act,
or who is reasonably suspected of having committed, or having attempted to
commit, or being about to commit, such an offence, may be arrested without
a warrant.
(2) Without limiting the generality of subsection (1), any
commissioned officer, warrant officer, petty officer, non-commissioned
officer or leading rating of His Majesty the Sultan and Yang Di-Pertuan’s
naval or military or air forces in Brunei Darussalam and any police officer
may, with or without a warrant or other process, apprehend or cause to be
apprehended any person found in a prohibited place or on lands or premises
in the occupation of His Majesty the Sultan and Yang Di-Pertuan’s naval or
military or air forces offending against this Act or suspected of so offending,
and shall forthwith bring or cause to be brought the person so apprehended
before the Court of a Magistrate for the purpose of being dealt with
according to law.
Restriction on prosecution.
14.
(1) A prosecution for an offence against this Act shall not be
instituted except by or with the consent of the Public Prosecutor:
Provided that a person charged with such an offence may be arrested, or a
warrant for his arrest may be issued and executed, and any such person may
be remanded in custody or on bail, notwithstanding that the consent of the
Public Prosecutor to the institution of a prosecution for the offence has not
been obtained, but the case shall not be further prosecuted until that consent
has been obtained.
(2) When a person is brought before a court under this section before
the Public Prosecutor has consented to the prosecution, the charge shall be
explained to him but he shall not be called upon to plead, and thereafter he
shall be remanded in custody pending the consent of the Public Prosecutor to
the prosecution.
Search warrants.
15.
(1) A Magistrate if he is satisfied by information on oath or
affirmation that there is reasonable ground for suspecting that an offence
against this Act has been or is about to be committed, may grant a search
warrant authorising any police officer named therein, or authorising if so
B.L.R.O. 3/2010
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