MAGISTRATES' COURTS

Jurisdiction of Magistrates' Courts

(1) The High Court, the Intermediate Courts and the Magistrates' Courts hear criminal and civil cases. The majority of cases are heard by the Magistrates' Courts, those which are outside the limit of their jurisdiction are heard by the High Court and the Intermediate Courts. The Magistrates' Courts are situated at Bandar Seri Begawan, Kuala Belait, Tutong and Temburong.

(2) The Subordinate Courts Act (Chapter 6) which came into force on the 1st day of January, 1983 established the Magistrates' Courts as the Subordinate Courts of Brunei Darussalam, replacing the Magistrates' Courts of the First, Second and Third Class which were formerly established under the Courts Enactment of 1952.

(3) (a) A court of a Magistrate exercising criminal jurisdiction has the jurisdiction and powers conferred on it by the Subordinate Courts Act and Criminal Procedure Code (Chapter 7) and any other written law.

(b) The most common criminal cases heard by the Magistrates' Courts are as follows:-

Theft
Criminal breach of trust
Cheating
Handling stolen goods
Mischief
Criminal trespass
Criminal intimidation
Causing hurt
Possession and consumption of controlled drugs.
Corruption cases
Immigration cases
Customs and Excise cases
Offences under the Road Traffic Acts
Municipal cases
Fisheries cases
Forestry cases

(c) A notice under the Criminal Procedure Code (Chapter 7) provides that Magistrates have power to impose imprisonment not exceeding 7 years or a fine of B$10,000.00 and whipping.

However, the power to impose punishment is subject to the provisions of any written law, which may give special jurisdiction to a Magistrates' Court. For example, the Prevention of Corruption Act and the Misuse of Drugs Act give special jurisdiction to a Magistrate Court to impose imprisonment and fine which are higher from those provided by the Criminal Procedure Code.

(4) A Court of a Magistrate has jurisdiction to hear civil cases where the amount claimed or the value of the subject matter in dispute does not exceed B$30,000.00. As provided by the Subordinate Courts Act, the Chief Justice, with the approval of His Majesty The Sultan and Yang Di-Pertuan of Brunei Darussalam, has increased the limit in the case of Magistrate, so that the amount or value must not exceed B$30,000.00 and in the case of a Senior Magistrate/Senior Registrar Supreme Court/Chief Magistrate/Deputy Chief Registrar Supreme Court/Chief Registrar not exceeding B$50,000.00.

Chief Magistrate:
Dk. Hajah Rostaina binti Pengiran Haji Duraman

Senior Magistrate:
Awang Hj Abdullah Soefri bin Pehin Orang Kaya Saiful Mulok Dato Seri Paduka Hj Abidin              

Awang Mohammad Faisal bin Pehin Datu Juragan Laila Diraja Dato Seri Paduka Haji Kefli 

Magistrates:
Dayangku Masni bte Pg Hj Bahar
Dayang Lailatul Zubaidah binti Haji Mohd. Hussain     Harnita Zelda Skinner

Senior Registrar of Subordinate Court:
Haji Badaruddin bin Haji Abdul Karim

Registrar of Subordinate Court:
Dayang Maimun binti Haji Tajaah                              Dayang Hajah Fauzihana binti Haji Mohamad

Deputy Registrar of Subordinate Court:
Dayang Noorhayati binti Haji Ismail              Soffriana bin Haji Masri