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SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE 13 – 14 August 2015

This paper explores the types of witness protection available in Brunei including court orders, trial procedures, and designated safe places. It also discusses the challenges faced in enforcing these measures and maintaining the necessary infrastructure.

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SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE 13 – 14 August 2015

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  1. SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE13 – 14 August 2015 WITNESS PROTECTION IN BRUNEI DARUSSALAM ZuraidahSidek Criminal Justice Division The Attorney General’s Chambers

  2. Types of Protection • Court order – bail conditions • During trial • Place of safety • Brunei does not have a witness protection scheme/programme

  3. GOVERNMENT BODIES RESPONSIBLE • Court • Prosecutor • Enforcement agencies esp. Royal Brunei Police Force • JAPEM – Department of Community Development.

  4. A. COURT ORDER • Bail application by the prosecution • Attached as bail condition • Depends on circumstances of case • Examples of orders given:- • Right of occupation to protected person to residence • Prohibition of entering residence • Prohibition of communication directly or indirectly

  5. Challenges? • Non compliance of bail conditions by D • Lack of communication • Witness/enforcement officers • Enforcement officers/prosecutors • Persuading court to revoke bail when bail conditions are breached – insufficient evidence.

  6. B. DURING TRIAL • Section 6 CPC – trial in open court but discretion of court to hold the whole or part of the proceeding in camera • Giving evidence in court • Restrictions on publication of witnesses’ details

  7. (i) Giving evidence in court– Statutory provisions • Criminal Procedure Code • Section 236B – child witness under 14 years may give evidence via live tv link for offences prescribed under subsection 2 which includes sexual or assault cases • Section 236C – where a video-recording has been admitted as evidence, child witness not to be examined-in-chief on matters already dealt with in his video-recording evidence • Section 236E – accused is precluded from cross-examining a child witness himself

  8. Giving evidence in court Women and Girls Protection Act • Section 8(1) – proceedings for offences under this act held in camera • Section 8(2) – shall not be deemed an Open Court and only those deemed necessary for the purpose of the proceedings to have access/remain • Section 8(3) – proceedings for offences under this act or sexual offences under the Penal Code and where female victim under 16 years, proceedings held in camera

  9. Giving evidence in court • Section 8(4) – publishing restrictions on details of victim • Section 8(5) – penalty – 3 years and fine of $10,000

  10. Giving evidence in court Intermediate Courts Act • Section 7(1) – the places in which an Intermediate Court is held are deemed to be an open court to which the public generally may have access, provided that (a) the court shall have power to hear any proceeding or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public security or propriety, or for other sufficient reason so to do

  11. (ii) Publishing restrictions-Statutory provisions Children and Young Persons Act • Section 95(1) – publishing restrictions of details – name, address or school, and particulars which may lead to identification of child or young person concerned • Section 95(2) – penalty – fine of $5,000, imprisonment not exceeding 2 years or both

  12. Publishing restrictions Intermediate Courts Act • Section 7 – no person shall publish the name, address or photograph of any witness in any proceedings or any evidence or any other thing likely to lead to the identification of any such witness; • Penalty – liable to a fine of $5,000 and to imprisonment for 1 year or both

  13. Challenges? • Equipment, Video-recording hiccups • Availability of tech court, only 1 fully equipped technology court in Brunei • Trained personnels • Maintenance of equipment

  14. C. PLACE OF SAFETY • Shelters run by Social Affairs Services Unit, Ministry Of Culture, Youth and Sport • Taman Nor Hidayah, Darussyafaah, Darussakinah • Provides maintenance, education, health treatment • Foreign witnesses except those involved in disputes with employers

  15. PLACE OF SAFETY – Statutory provisions Women and Girls Protection Act • Commissioner (director of Welfare, Youth and Sports) may order detention in a place of safety any woman or girl whom:- • Needs protection and lawful guardian not found, or • Is Ill-treated , or • Is In danger

  16. PLACE OF SAFETY Children and Young Persons Act • Section 97 – The Minister may, by notification published in the Gazette declare any place, to be a place of safety for the purposes of this Act. • Section 17 – taking a young person or child in need of protection into temporary custody

  17. Challenges? • Reluctance of witnesses to stay • Detention vs freedom • Maintenance of these places, services provided like education- funded by the Government.

  18. Thank you.

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