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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