ABOUT THE CIVIL COURT
COURT OF APPEAL
The Court of Appeal is Brunei's final Court of appeal for Criminal cases. In civil cases parties can 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. When sitting, three Judges, including the President 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 determines questions of law that may have arisen in the Court below.
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 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.
INTERMEDIATE COURT
Intermediary Court Act, Chapter 162 sets the intermediate court. This Act provides for the Constitution, jurisdiction and authority of the Intermediate Court.
Criminal Jurisdiction
".... The Intermediate Courts in carrying out their criminal jurisdiction shall be together with the High Court of all jurisdictions, powers, obligations and authorities vested, accused and imposed on the High Court in the original implementation of the jurisdiction."
Section 13 (3) provides:
"The Intermediate Court has no jurisdiction -
(a) In respect of any offense punishable with death or life imprisonment, or
(b) To impose a period of imprisonment for more than 20 years in respect of any Brunei law. "
Public Jurisdiction
Section 14 (1) provides:
"The Intermediate Court shall carry out their civil jurisdiction of the original jurisdiction in each action if the amount claimed or the value of the dispute exceeds $ 50,000 but not exceeding $ 300,000.."
The subject matters which cannot be heard I Intermediate Court are listed in Section 14 (3).
Civil Court Website link:
