Magistrates listen to all the evidence and decide whether the defendant is guilty or not. The Magistrate will decide on the sentence for the convicted defendant. There is also a prosecutor to prosecute. There may be a lawyer who argues on behalf of the defendant in Court. The proceeding will be interpreted by an interpreter if necessary. In Court, there may be other people such as the police & welfare officers, newspaper reporters and members of the public.
- Bring all relevant documents/papers with you.
- Inform the Court clerk in advance if you need an interpreter.
- Make sure you have the right address of the Court.
- You can bring someone for company if you wish.
- Upon arrival, give the receptionist the name of the defendant and the relevant documents.
- Keep the evidence for your case only to yourself, prosecutor, lawyer or anyone involved.
- You are free to leave the Court if you are told so.
- Inform the clerk/interpreter before the case starts if you have important reasons to leave.
- You can take a look at the court room before your case starts.
- You can ask the police officer/prosecutor to get a copy of your statement if you wish to see it.
- Some cases are delayed or adjourned to another date because of some circumstances.
- Inform the clerk/interpreter if you wish to leave the court for any reason.
When you are at the witness box, remain standing for the swearing in. You can request to sit down if you are experiencing any physical conditions which make it difficult for you to stand.
Your evidence will help the court to decide whether the defendant is guilty.
- Be honest if you are unsure about the answer.
- Speak slowly and clearly.
- You may request for the question to be repeated if you can’t understand or hear.
- During your testimony as a witness of the prosecution, the prosecutor will ask you questions first as your Evidence-In-Chief. Then the Defence will ask you questions under Cross-examination. The the prosecution may ask you final questions under Re-examination.
- If you are the witness for the Defence, you will be examined by the Defendant’s lawyer first. The magistrate or the judge may also ask you questions.
- You have the choice to leave the court or stay and listen to the rest of the case after you have finished giving evidence.
Link: http://www.judiciary.gov.bn/SJD%20Images/What%20happens%20in%20Court%20leaflet.pdf
Criminal and Civil cases in the Court of Appeal, High Court, Intermediate Court, Magistrate’s and Juvenile Courts, Bankruptcy, Probate and Inquests.
Yes. If the portal is down or you do not have internet connection, you can go to the ‘Service Bureau Counter’ to scan your documents and file it.
Yes, filing via EFS is accessible only to Government Agencies and registered law firms.
The EFS is free of charge until further notice. You just have to pay the normal filing fees for documents.
1: a. Go to a kiosk;
b. Select ‘Enquire Case Details’ for parties’ information;
c. Enter case number.
2: a. To register attendance, select ‘Register Attendance’;
b. Enter case number;
c. Select either ‘All Plaintiff Present’ or ‘All Defendant Present’;
d. Select ‘Yes’ to confirm attendance.
By not registering in the QMS, the court will not be able to manage your attendance or call out your case.
Using the kiosk is free of charge. However, to use the SMS Notification service (when it is available) you will need to register for the service and each SMS notification will be chargeable.
- A person will be appointed by the Court to manage the deceased person’s property.
- An executor(s) will be appointed to take charge of his estate when the deceased person had made a will.
- An administrator(s) will be appointed to take charge of his estate when the deceased person died without leaving a will.
- An administrator or an executor is legally recognised by applying for Probate or Letter of Administration.
It is a Court Order authorising the executor(s) appointed by the deceased person under his will.
Probate:-
Probate can be applied by a person who is specified as the executor in the will of the deceased person.
Letters Of Administration:-
- Anyone who is full age, is entitled to apply to be appointed as administrator.
- For non-Muslims, the marital status of the deceased person will be one of the factors for consideration, as the law gives priority to certain family members over others.
- A person can renounce his/her right to be an executer or administrator by filing up a Renunciation Consent.
- These documents are required when applying for Probate or Letters of Administration: –
- The Petition;
- Affidavit for Collector of Stamps;
- Photocopy of the original extract of the deceased’s Death Certificate;
- Photocopies of all documents of title to assets belonging to the deceased person e.g. bank accounts, land property, motor vehicles, businesses registration, etc;
- For Letter of Administration, a letter of consent signed by all beneficiaries, agreeing to the Petitioner’s application.
- The Petition;
Additional Documents Required For Probate:
- The Original and Photocopy of the Will;
- Renunciation(s) by a person(s) appointed executor(s) by the Will but who does not wish to be the executor(s), if any.
- The Original and Photocopy of the Will;
Additional Documents Required For Letters Of Administration:
- For Muslim’s Estate, photocopy of the Birth Certificates or Identity Cards of all immediate members of the family. (This is to facilitates the application of an inheritance Certificate or “faraid” from the Syariah High Court).
- For non-Muslims’ Estate, renunciation of the beneficiaries having a prior right to apply for letters of administration, if any.
- Consent of the Co-Administrators, if any.
- For Muslim’s Estate, photocopy of the Birth Certificates or Identity Cards of all immediate members of the family. (This is to facilitates the application of an inheritance Certificate or “faraid” from the Syariah High Court).
- The Petition for Probate or Letters of Administration will be granted if there is no warning filed against the petition by the Probate officer or his Deputy.
- For Muslim Estate, if the Original Inheritance Certificate (“faraid”) has been issued and received by the Probate Officer, then the Petition will be granted.
After the Petition is granted by the Probate officer or his Deputy, you, the Petitioner, should:-
- Resolve estate duty; where applicable.
- Resolve the extracting fee.
Probate or Letter of Administration will be granted on the payment of above matters.
- You may engage a lawyer if the property of the deceased person is complex.
- The Court provides forms of Petition and Affidavit of Collector of Stamps. A Petitioner can complete these forms and on payment of $160 filing fee, the petition will be listed for hearing.
- The Probate or Letter of Administration must be indicated to the relevant authority and photocopy of the Probate or Letter of Administration be extended to them. This is the procedure for all estate except for land.
- For landed property, it is different according to the races and religions of the deceased person:-
- Muslim- Approval of the Syariah High Court Judge must be obtained for the division of land.
- Chinese- The “Kapitan Cina” must be consulted on the beneficiaries of the property are.
- Other Indigenous Group- The “Ketua Kampong” must be consulted on who the beneficiaries of the property are.
- Muslim- Approval of the Syariah High Court Judge must be obtained for the division of land.
- The Administrator or Executor will have to declare or swear a corrective affidavit. The filing fee of the affidavit is $5.00.
- If such an application is made, the original Probate or Letter of Administration must be returned to the Probate Registry at the time of filing the Corrective Affidavit.
- The Probate Registry will assist in completing the Corrective Affidavit.
- If you object to a Probate or Letter of Administration, you may file a caveat at a cost of $10.
- The caveat is valid for 6 months. A new caveat would have to be filed thereafter.
- Collect and recover all the property assets and effects covered by the grant;
- Discharge all the debts due by the deceased;
- Distribute the residue of the estate according to the beneficiary’s share as decided by the Inheritance Certificate (“faraid”), customs or will, etc.
http://www.judiciary.gov.bn/SJD%20Images/Probate%20and%20Letters%20of%20Administration%20leaflet.pdf
A Small Claims Tribunal is set up to provide a low cost and expeditious forum to resolves disputes without entering into the realm of a court trial. The procedures are kept simple and informal.
- It is when the debtor cannot pay his/her debt.
- If a Receiving Order has been made against a person, he/she must seek professional help before acting.
- There are two types of bankruptcy:-
- Voluntary Bankruptcy
The debtor can apply for Receiving Order to be made against the debtor itself. A “Debtor’s Petition” and a “Declaration of inability to pay” must be filed at the High Court. - Forced Bankruptcy
A Receiving Order and subsequently an Adjudication Order can be applied by the Creditor if the debtor owes more than $10,000.
- Voluntary Bankruptcy
- The Official Receiver will handle the debtor’s bankruptcy and take charge of the property. The creditors can only deal through the Official Receiver or his deputies after the Receiving Order (RO) or Adjudication Order (AO).
- Unsecured Creditors
The creditors may lodged for ‘Proof of Debt’ with the Official Receiver.
- Secured Creditors
The creditors who hold security of the debtor’s property can sell the property. If there is any shortfall, the creditors may apply for “Proof of Debt”. If the selling price is more than the debt owed, the balance will be paid to the Official Receiver.
- A creditor can claim under a guarantee and recover payment from the guarantor. A person who jointly signed a loan agreement with the debtor is still liable for the total amount outstanding on all debts. It is an offence under the Bankruptcy Act if the debtor cannot pay the debts and incurs further debts.
- The Bankruptcy Act stops creditors from recovering monies from the debtors except for a secured creditor with whom the debtor has made arrangements to retain secured property as described above.
- The issuing bank of finance company will decide whether to extend credit to the debtor. It is an offence if the debtor obtains credit of over $100 and fails to disclose that he/she is under RO or AO.
- Bankruptcy might prevent the debtor from getting or keeping employment in certain jobs or holding various licences.
The debtor is required to file ‘Statement of Affairs’ provided by the Official Receiver’s Chamber. The Debtor has to list his/her debts and income/assets in the statement. It is an offence if the debtor omits any materials or makes a misstatement relating to his affairs.
A Creditor’s Meeting is held upon written request by the Creditor. This meeting is usually held as the same time as the public Examination of the Debtor. The creditor is required to file “Proof of Debt” before being allowed to attend the meeting.
The meeting is called:-
- to consider and, if thought desirable, accept the offer of composition of full settlement of debts;
- to pass an ordinary resolution to adjudge the debtor bankrupt.
It is an investigation about the financial matter that needs the debtor attend in person.
Obtain Credit
It is an offence if the debtor alone or jointly with any other person, obtain credit to the extent $100 above from any person without informing the person that the debtor is an undischarged bankrupt.
Operating Business
The debtor can still operate a business while bankrupt. The debtor has to disclose his bankrupt status to whoever he obtains credit from. The debtor is not permitted to be a director of a company or be involved in its management without the permission of the Court.
Change of Address
The Official Receiver should be informed in writing when the debtor changes his address.
There are several offences under Bankruptcy Law:-
- Disposing of property before bankruptcy with intent to defeat the creditor’s claims;
- Failure to disclose assets;
- Deliberately obtaining credit when the debtor knows he/she cannot pay;
- Gambling and speculation which results in bankruptcy;
- Incurring debts during bankruptcy for over $100 without disclosing that the debtor is bankrupt;
- Operating a business under an assumed name, without disclosing the debtor’s real name and bankruptcy.
http://www.judiciary.gov.bn/SJD%20Images/Bankruptcy%20leaflet.pdf
- Couples who wish to be married at the registry under section 23 of the Marriage Act (Cap 76).
- Marriage Act: “An act to provide for the solemnisation and registration of church and civil marriages.
- Commencement: 3rd August 1948.
http://www.judiciary.gov.bn/SJD%20Images/Registry%20of%20Civil%20Marriages%20leaflet.pdf