SOUTHEAST ASIA REGIONAL CONFERENCE ON
ACCESS TO JUSTICE
13 – 14 August 2015
VICTIM REMEDY IN BRUNEI
DARUSSALAM
Zuraidah Sidek
Criminal Justice Division
The Attorney General’s Chambers
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Trafficking and Smuggling of Persons
Order, 2004
• Section 19 – established Trafficking and Smuggling
of Persons Fund which is administered by the
Permanent Secretary of the Ministry of Home
Affairs. Monies in the Fund are to be applied for,
inter alia, financing the cost of repatriation of
smuggled persons and trafficked persons
• section 21 – any fines imposed by the court for any
of the trafficking offences, may, upon application by
the Public Prosecutor, be used to pay compensation
to the trafficked persons
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Criminal Asset Recovery Order, 2012
• Section 123- establishing the Criminal Assets Confiscation
Fund.
• Monies recovered under CARO and Monies realized from
assets sharing agreements or assistance in location of
proceeds of crime will be deposited in this fund.
• Maintained by the Permanent Secretary, Ministry Of
Finance.
• Can be used to “ compensate victims who have suffered
losses as a result of serious offences”- section 123(5)(a)
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CRIMINAL PROCEDURE CODE, Cap. 7
• Section 382 – Court may order a person
convicted of any crime or offence to pay
compensation to any person or the
representatives of any person , injured in respect
of his person, character or property by the crime
or offence for which the sentence is passed.
• Such order for payment does not preclude a right
to a civil remedy for recovery of any property of
damages.
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CRIMINAL PROCEDURE CODE, Cap.7
• Section 382 – In every criminal case the Court
may in its discretion order payment by
Government to the prosecutor and to the
witnesses both for the prosecution and for the
defence, or to such of them as it thinks fit, of
the expenses incurred by them severally in
and about attending the Court, and also
compensation for their trouble and loss of
time, subject to such rules as are prescribed.
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CRIMINAL PROCEDURE CODE, Cap.7
• Section 359 – When any person is convicted of
any offence which includes or amounts to theft or
receiving stolen property and it is proved that any
other person has bought the stolen property
from him without knowing or having reason to
believe that the same was stolen and that any
money has, on his arrest, been taken out of the
possession of the convicted person, the Court
may, on the application of such purchaser and on
the restitution of the stolen property to the
person entitled to the possession thereof, order
that out of such money a sum not exceeding the
price paid by such purchaser be delivered to him.
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CRIMINAL PROCEDURE CODE, Cap.7
• Section 224 - Compounding of certain
offences by victim.
• Offences such as causing hurt (s. 323,325) ,
defamation etc.
• Requires consent of the Court.
• Effect of composition- section 224(5)
“ The composition of an offence under this section shall
have the effect of an acquittal of the accused”
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Challenges?
• Discretion of court whether to grant remedies
applied for under the CPC.
• No offences charged under CARO yet, unable to
determine what are the strength / weaknesses
of the process for compensation.
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Thank you.
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