SOUTHEAST ASIA REGIONAL CONFERENCE ON LEGAL AID AND WITNESS PROTECTION 17 – 20 AUGUST 2016 BANGKOK, THAILAND WITNESS PROTECTION IN BRUNEI DARUSSALAM PG NORSUZANAWATI PG HAJI ABAS CRIMINAL JUSTICE DIVISION THE ATTORNEY GENERAL’S CHAMBERS 1

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

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

A.COURT ORDER  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 4

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 – insufficiency of evidence. 5

B.DURING TRIAL  Section 6 CPC – trial in open court but discretion of court to hold the whole or part of the proceeding in camer  Intermediate Courts Act, Cap 162  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  Giving evidence in court  Restrictions on publication of witnesses’ details 6

(i)Giving evidence in court – Statutory provisions  Criminal Procedure Code Cap 7  Section 236B(I) –evidence via live video or tv link; within or outside Brunei; if court satisfied it is expedient in the interest of justice  Section 236B(3) – court may make order :-  the persons who may be present/excluded at the place where witness give evidence  the persons in the courtroom who must/must not be able to be heard, or seen and heard by the witness  The persons in the courtroom who must be able to see and hear the witness 7

Criminal Procedure Code – cont.  Section 236C – video-recording of evidence from child-witnesses.  Child in this section – under 14 during recording  where a video-recording of evidence from a child witness has been admitted as evidence, child witness not to be examined-in-chief on matters already dealt with in his video-recording evidence (s236C(7)(b)) 8

Criminal Procedure Code – cont.  Section 236E – accused is precluded from cross- examining himself any witness who –  (a) is alleged –  (i) to be the person against whom the offence was committed; or  (ii)To have witnessed the commission of the offence, and  (b) (i) is under 14  (ii) is to be cross-examined following the admission under s236C of a video-recording of evidence from him 9

Giving evidence in court – cont. Women and Girls Protection Act, Cap 120  Section 8(1) – proceedings for offences under this act or s354 (and s511) or s375 (and s511) 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 10

Challenges?  Equipment, Video-recording hiccups  Availability of tech court, only 1 fully equipped technology court in Brunei  Trained personnels  Maintenance of equipment  Convincing the court – for adult witnesses and non-specified offences 11

(ii)Publishing restrictions- Statutory provisions Children and Young Persons Act, Cap 219  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 – cont. Women and Girls Protection Act, Cap 120  Section 8(4) – publishing restrictions on details of victim (name, address, particulars leading to ID, pictures)  Section 8(5) – penalty – 3 years and fine of $10,000 13

Publishing restrictions – cont. Intermediate Courts Act, Cap 162  Section 7 (2) – 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 14

C.PLACE OF SAFETY  Shelters run by Social Affairs Services Unit, Ministry Of Culture, Youth and Sport  Welfare Home Complex - 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, Cap 120  Section10 –  court order to detain temporarily any woman/girl in respect of whom offence is alleged to have been committed  Offences covered includes those under this Act or s354, s375 or s498 of the Penal Code, or defined in s360 or s361 of the Penal Code  S4 – offence of traffic in women and girls  S5 – offence of living on or trading in prostitution 16

PLACE OF SAFETY – cont. Children and Young Persons Act, Cap 219  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. 19