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CRIMINAL PROCEDURE CODE (CHAPTER 7) CRIMINAL PROCEDURE (ALLOWANCE TO WITNESSES) RULES

CRIMINAL PROCEDURE CODE

(CHAPTER 7)

CRIMINAL PROCEDURE (ALLOWANCE TO WITNESSES) RULES

S 45/56

REVISED EDITION 2001

(1st October 2001)

SUBSIDIARY LEGISLATION

CRIMINAL PROCEDURE (ALLOWANCE TO WITNESSES) RULES

ARRANGEMENT OF RULES

Rule

1. Citation.

2. Rates of payment.

3. Certificates.

FIRST SCHEDULE RATES OF PAYMENT

SECOND SCHEDULE CERTIFICATE UNDER SECTION 385 OF THE CRIMINAL PROCEDURE CODE (CHAPTER 7)

___________________________

SUBSIDIARY LEGISLATION

Rules under section 384 prescribing rates of payment of expenses of prosecutors and witnesses

CRIMINAL PROCEDURE (ALLOWANCE TO WITNESSES) RULES

Citation.

1. These Rules may be cited as the Criminal Procedure (Allowance toWitnesses) Rules.

Rates of payment.

2. The rates of payments which the Court may order to be paid outof the Treasury to witnesses both for the prosecution and for the defence, or tosuch of them as the Court think fit, in criminal cases shall be those prescribedin the First Schedule hereto.

Certificates.

3. The certificate required by section 385 of the Criminal ProcedureCode (Chapter 7), shall be in the form prescribed in the Second Schedulehereto.

FIRST SCHEDULE

(rule 2)

RATES OF PAYMENT

Rates of allowances to witnesses payable in Brunei Darussalam in respectof criminal proceedings in —

(a) the High Court —    
  (i) Expert witness — for each hour of attendance or part thereof $8.50 plus reasonable travelling expenses.
  (ii) Other witnesses

Such allowance plus reasonable travelling expenses as the Court may think fit, having due regard to the circumstances of the witnesses:
Provided that such allowance shall not exceed $25 per diem.

(b) Courts of Magistrate’s    
  (i) Expert witness — for each hour of attendance or part thereof $8.50 plus reasonable travelling expenses.
 

(ii) Other witnesses

Such allowance plus reasonable travelling expenses as the Court may think fit, having due regard to the circumstances of the witnesses:
Provided that such allowance shall not exceed $10 per diem.

 

SECOND SCHEDULE

(rule 3)

CERTIFICATE UNDER SECTION 385 OF

THE CRIMINAL PROCEDURE CODE (CHAPTER 7)

I certify that ..............................................................................................................................
attended at the ............................................................................................................. Court to
give evidence on ........................................ for .......................... days, and* (that, in accordance
with these Rules, the sum allowable to him at $ ............................................................ per diem i
$ ..............................................).
I further certify that the following charges made by the said ..........................................................
........................................................... in respect of his actual travelling expenses appear to me to
be fair and reasonable.
Date this .............................................. day of ...................................... 20 ..............
...........................................................
Magistrate

 

 

 

 

 

 


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