Brunei Darussalam 1959 Constitution (reviewed 2006)

PART IVA. PARDONS BOARD

1. *Establishment of Pardons Board.
   1. For the purposes of this Part, there shall be established a Pardons Board which shall consist of the Attorney General, the Mufti Kerajaan and not more than 3 other members.[*Article 8A was not in operation at the date of this Reprint. This Article was suspended by the Constitution of Brunei Darussalam (Suspension) Order, 2006 (S 15/06), with effect from 21st February 2006.]
   2. The 3 other members shall be appointed by His Majesty the Sultan and Yang Di-Pertuan and shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.[*Article 8A was not in operation at the date of this Reprint. This Article was suspended by the Constitution of Brunei Darussalam (Suspension) Order, 2006 (S 15/06), with effect from 21st February 2006.]

9. Prerogative of Mercy.

1. **His Majesty the Sultan and Yang Di-Pertuan may exercise in his absolute discretion, in respect of any offence for which an offender may be or has been tried in Brunei Darussalam, such one or more of the following powers—
   1. grant to any person concerned in, or convicted of, any such offence a pardon either free or subject to conditions;
   2. grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person for such an offence;
   3. substitute a less severe form of punishment for that imposed by any sentence for such an offence;
   4. remit the whole or any part of any sentence passed for such an offence or of any sum of money imposed as a penalty or forfeiture, or otherwise due to Brunei Darussalam, His Majesty the Sultan and Yang Di-Pertuan or any other person on account of such offence; or
   5. order the discharge of any person who may be imprisoned for any offence or for non-payment of any sum of money as aforesaid.

   [**As at the time of this Reprint, His Majesty the Sultan and Yang Di-Pertuan has, pursuant to the Constitution of Brunei Darussalam (Suspension) Order, 2006 (S 15/06), conferred on the Privy Council the function to advise His Majesty in connection with the exercise of His Majesty’s powers under Clause (1) of Article 9 of the Constitution of Brunei Darussalam.]

2. ***In exercising his powers, His Majesty the Sultan and Yang Di-Pertuan may have regard to, but is not bound to act in accordance with, the advice of the Pardons Board.[***Clauses (2), (4) and (5) of Article 9 were not in operation at the date of this Reprint. These Clauses were suspended by the Constitution of Brunei Darussalam (Suspension) Order, 2006 (S 15/06), with effect from 21st February 2006.]
3. Repealed.
4. ***It shall be the duty of the Attorney General to supply to the Pardons Board any information which the prosecution may have in relation to any offender who has been sentenced to death which may be material to the exercise in relation to that offender of the powers vested in His Majesty the Sultan and Yang Di-Pertuan by Clause (1).[***Clauses (2), (4) and (5) of Article 9 were not in operation at the date of this Reprint. These Clauses were suspended by the Constitution of Brunei Darussalam (Suspension) Order, 2006 (S 15/06), with effect from 21st February 2006.]
5. ***Before tendering its advice on any matter, the Pardons Board shall consider any written opinion which may have been delivered thereon by the Attorney General on the law applicable and by the Mufti Kerajaan on any aspect of Islamic law.[***Clauses (2), (4) and (5) of Article 9 were not in operation at the date of this Reprint. These Clauses were suspended by the Constitution of Brunei Darussalam (Suspension) Order, 2006 (S 15/06), with effect from 21st February 2006.]