ENACTMENT NO. 8 OF 1982 THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982
PART X - PROCEDURE IN CRIMINAL PROCEEDINGS
Section 202. Trial.
(1) In cases requiring consent to prosecute, the trial shall not be commenced until such consent is obtained and produced to the Court.
(2) When the accused is brought before the Court, the charge shall be read and explained to him, and he shall be asked whether he is guilty of the offence charged or claims to be tried.
(3) 'If the accused pleads guilty to a charge whether as originally framed or as amended the plea shall be recorded and he may be convicted thereon.
(4) If the accused refuses to plead or does not plead or claims to be tried, the Court shall proceed with the trial and take all such evidence as may be produced according to law by the prosecution.
(5) The accused shall be allowed to cross-examine all the witnesses for the prosecution and then the prosecution shall be allowed to re-examine all its witnesses and also to recall any of its witnesses who had already testified.
(6) If, upon taking all the evidence for the prosecution hereinbefore referred to, the Court finds that no case against the accused has been made out the Court shall make an order of acquittal which order shall be recorded.
(7) If, upon taking all the evidence for the prosecution hereinbefore referred to, the Court is of the opinion that there are grounds for presuming that the accused has committed the offence charged, them Court shall record its finding and inform the accused of it and also that he may make his defence.
(8) If according to subsection (7) the Court, on the other hand, is of the opinion that there are grounds for presuming that the accused has committed an offence other than that with which he is charged which such Court is competent to try and which in its opinion it ought to try, the Court may amend the charge if it thinks necessary. If an amendment is made, the Court shall read the amended charge to him and ask whether he pleads guilty or not. If he pleads guilty he may be convicted. If he claims trial the Court shall inform him that he may make his defence.
(9) When the accused is informed that he may enter upon his defence in accordance with subsection (7) or (8) the Court shall inform him of the three alternatives by which he is entitled to make his defence in that he may-
(a) remain silent, or
(b) give evidence not on oath or affirmation; or
(c) give evidence on oath or affirmation.
(10) If the accused chooses to remain silent under subsection (9) (a) the Court may pass sentence on him.
(11) If the accused chooses to give evidence not on oath or affirmation under subsection 9 (b), he shall not be questioned by the prosecution. Evidence may be given either orally or in writing. If given in writing, his statement shall be enclosed with the notes of evidence of the Court. Then he may call his witnesses, if any, to testify.
(12) If the accused chooses to give evidence on oath or affirmation under subsection (9) (c), the prosecution may cross-examine and then he shall be allowed re-examination. After that he may call his witnesses, I any, to testify.
(13) After each witness for the defence has been examined, the prosecution shall be allowed to cross examine him and then he may be re-examined and the defence may also be allowed to recall any of its witnesses who has already testified.
(14) After the defence has dosed its case, it may sum up and present its arguments on the case.
(15) The prosecution shall have the right to sum up and present its arguments and the right of reply on the whole case.
(16) (a) If the Court finds the accused not guilty it shall acquit him and shall record an order of acquittal.
(b) If the Court finds the accused guilty sentence may be passed upon him.
(17) Before the Court passes sentence according to law in every case, it shall inform the accused that he has been found guilty and at the same time it shall give him an opportunity to plead in mitigation. The prosecution shall also be given an opportunity to inform the Court of previous conviction if any of the accused and to state its opinion as to the appropriate sentence that is to be passed on him.