The Courts of Magistrates hear both criminal and civil cases in the first instances in all 4 districts of Brunei Darussalam (Brunei Muara, Tutong, Kuala Belait and Temburong)
“A Court of a Magistrate exercising criminal jurisdiction shall have the jurisdiction and powers conferred on it by the Criminal Procedure Code (Chapter 7) and any other written law”
“Subject to the provisions of this Act and any other written law and subject to the Rules of Court, a Court of a Magistrate shall have jurisdiction in every civil proceeding where the amount claimed or the value of the subject matter in dispute does not exceed the appropriate prescribed limit if —
- the cause of action arose in Brunei Darussalam;
- the defendant or any one of the defendants at the time of the institution of the proceeding resides or carries on business or has property or personally works for gain in Brunei Darussalam; or
- The facts on which the proceedings are based exist or are alleged to have occurred in Brunei Darussalam.
“Notwithstanding that the amount claimed or the value of the subject matter in dispute exceeds the appropriate prescribed limit, a Court of a Magistrate shall have jurisdiction in any proceedings for the recovery of immovable property, other than proceedings in which there is a genuine dispute as to a title registered under the Land Code (Chapter 40), where the rent payable in respect of such property does not exceed $500 per month or such other sum as may be prescribed by the Rules of Court in respect of any area specified in such Rules.”
“A Court of a Magistrate shall have no jurisdiction in proceedings —
- concerning any acts done by the order of His Majesty the Sultan and Yang Di-Pertuan, or of His Majesty the Sultan and Yang Di-Pertuan in Council, or of the head of any Government department, or of a Judge or another Magistrate
- for the recovery of immovable property where there is a genuine dispute as to a title registered under the Land Code (Chapter 40);
- for partition of immovable property;
- for the specific performance or rescission of contracts;
- for the cancellation or rectification of instruments;
- for the interpretation of trust instruments or the enforcement or administration of trusts;
- for the grant of probate or letters of administration in respect of any deceased person;
- for the interpretation of wills or the administration of the estate and effects of any deceased person;
- for declaratory decrees.”
“His Majesty the Sultan and Yang Di-Pertuan in Council may by order amend any provision of this section.”
“In this section, “appropriate prescribed limit” means $10,000 or, in the case of the Chief Magistrate, $15,000:”
Provided that the Chief Justice may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, increase the appropriate prescribed limit in the case of the Chief Magistrate or any other Magistrate.
It is governed by Children and Young Persons Act, Chapter 219. In reforming and reintegrating children and young person’s back into their families and community, the Juvenile Court continues its partnership with the Community Development Department and other stakeholders.
“Subject to the provisions of this section, no child or young person shall be charged with or tried in a summary way for any offence except by a Juvenile Court.”
“Where a child or young person is charged with any offence triable only by the High Court, he shall be tried by the High Court unless —
- the Public Prosecutor applies to a Juvenile Court for it to try such offence; and
- the legal representative of that child or young person agrees to the offence being tried by a Juvenile Court.
“Where a charge is made jointly against a child or young person and a person who has attained the age of 18 years, the charge shall be heard by a court of appropriate jurisdiction other than a Juvenile Court.”
“Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Juvenile Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, notwithstanding subsection (1), proceed with the hearing and determination of the proceedings.”
“A Juvenile Court shall have jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Court of a Magistrate, the Intermediate Court or the High Court.”
“A person who has attained the age of 18 years on the date of commencement of the hearing of the charge shall not be tried by a Juvenile Court.”
“Where in the course of any trial before a Juvenile Court, the child or young person to whom the trial relates attains the age of 18 years, nothing in subsection (6) shall prevent the Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act.”
“In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting him in his defense to the charge.”
“His Majesty the Sultan and Yang Di-Pertuan may appoint a fit and proper person to be a Coroner.”
“A Coroner appointed under this section shall have power to act as a Magistrate for the purpose of discharging the functions of a Magistrate under Chapter XXX of the Criminal Procedure Code (Chapter 7) and all things done by a Coroner in the due discharge of such functions shall have the same validity and effect as if they had been done by a Magistrate; and as respects such functions a Coroner shall have the same powers and enjoy the same immunities as if he were a Magistrate.”