The Court of Appeal is Brunei’s final Court of appeal for Criminal cases. In civil cases parties are able to appeal to the Judicial Committee if the Privy Council in the United Kingdom provided that both parties agree beforehand.
The Court of Appeal is headed by the President of the Court of Appeal and Judges of the Court of Appeal who are sworn in as Judicial Commissioners by His Majesty the Sultan of Brunei. High Court Judges may also sit on the Court from time to time. Three Judges, including the President of the Court of Appeal will sit on the bench.
The Court of Appeal hears appeals from any Judgment or Order of the High Court and Intermediate Court in any civil matter. For Criminal matters, the Court of Appeal hears decisions of the High Court and the Intermediate Court and also determines questions of law that may have arisen in the Court below.
Section18:
“The civil jurisdiction of the Court of Appeal shall consist of –
(a) Appeals from a judgment or order of the High Court in a civil cause or matter; and
(b) Such other jurisdiction as may be conferred upon it by this or any other written law.”
Section 19:
“The criminal jurisdiction of the Court of Appeal shall consist of –
(a) Appeal from the High Court; and
(b) (Repealed)
(c) Such other jurisdiction as may be conferred upon it by this or any other written law.”