The Intermediate Courts Act, Chapter 162 establishes the Intermediate Courts. The Act provides for the constitution, jurisdiction and powers of the Intermediate Court.
Currently houses 3 separate courts:
- Criminal Court
- Civil Court
- Commercial Court
Location and Facilities
High Court, Supreme Court Building,
Jalan RIPAS,
Bandar Seri Begawan BA1910
Negara Brunei Darussalam
History of the Supreme Court Building
The Brunei Darussalam Supreme Court was established in 1963, replacing The Supreme Court of Sarawak, North Borneo and Brunei. The new Supreme Court consists of High Court and Court of Appeal with the same jurisdiction as the old Supreme Court. Since its establishment, the Supreme Court Building has been sited at various places including Kuala Belait. It has occupied a portion of old Secretariat Building and the old Lapau Building.
In 1978 the Government organized an architectural competition to design the new Supreme Court Building. The site selected for the building is bordered by Sungai Kedayan to the east and Jalan Tutong to the north. The construction of the building commenced in February 1981 and was completed in 1983. The building has a floor area of 96,500 square foot and was built at a cost of BND20 million. The opening ceremony of the Supreme Court Building was on 15th March 1984.
The Supreme Court Officers
Under the Supreme Court, there are –
- 3 High Court Judges;
- 3 Judicial Commissioner (2 VISITING JUDGES), and
- 7 Registrars
High Court
The High Court consists of the Chief Justice and the High Court Judges and Judicial Commissioners of the High Court. The High Court has original unlimited Jurisdiction to hear both civil and criminal cases as a court of first instance. In addition, the High Court also has revisionary jurisdiction over all Subordinate Courts in both civil and criminal matters.
Proceedings heard in the High Court are usually dealt with by a single Judge on the bench. Special circumstances apply to capital offences, where the case will be dealt with by two Judges on the bench.
In its appellate Jurisdiction, the High Court considers appeals in criminal and civil matters against the decisions of the Subordinate Courts.
Civil Jurisdiction of High Court
Section 16 (1):
The civil jurisdiction of the High Court shall consist of –
(a) Original jurisdiction and authority of a like nature and extent to that held and exercised by the Chancery, Family and Queen’s Bench Division of the High Court in England; and
(b) Such other jurisdiction, whether original or appellate, as may be conferred upon it by this or any other written law.”
Criminal Jurisdiction of High Court
Section 17:
“The criminal jurisdiction of the High Court shall consist of such jurisdiction, whether original or appellate, as may be conferred upon it by this or any other written law.”
Court Of Appeal
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.”
Overview of Judicial System
Mission
Administration of Justice
Vision
Aims toward judicial excellence
Values
Taqwa, Independence, Accountability, Timelines, Accessibility, Equality and Fairness, Integrity.
Goals
Securing Justice, Enhancing Access to Justice, Preserving Public Trust and Confidence