ENACTMENT NO. 10 OF 1993 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993
PART IV - PROCEEDINGS IN PROSECUTIONS CHAPTER X - TRIALS
Section 94. Procedure during trials.
The following procedure shall be observed by a Judge during trials :
(a) when the accused or is brought before the Court, a charge containing the particulars of the offence of which he is accused shall be framed, read and explained to him, and he shall be asked whether he is guilty of the offence charged or claims to be tried;
(b) 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 :
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and admits, without qualifications, the offence alleged against him and he made the plea of guilty at least three times before the Judge and has not withdrawn the plea:
Provided further that in a case of zina the plea of guilty shall be made at least four times;
(c) if the accused refuses to plead or does not plead guilty or claims trial, the Court shall proceed to hear the complainant (if any) and to take all such evidence as may be produced in support of the prosecution;
(d) if the Court thinks it necessary, it shall obtain from the complainant or other person the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before itself such of them as it thinks necessary;
(e) the accused or his Peguam Syarie shall be allowed to cross-examine all the witnesses for the prosecution through the Judge;
(f) if, upon taking all the evidence, the Court finds that there is no case against the accused which would warrant his conviction, the Court shall record an order of acquittal;
(g) nothing in paragraph (f) shall be deemed to prevent the Court from discharging the accused at any stage of the trial if, for reasons to be recorded by the Court, it considers the charge to be groundless;
(h) if, when such evidence has been taken, the Court is of the opinion that there are grounds for presuming that the accused has comitted the offence charged, the accused shall then be called upon to enter upon his defence and to produce his evidence, and shall at any time while he is making his defence be allowed to recall and cross-examine any witness through the Judge;
(i) if the accused submits any written statement the Court shall file it with the record;
(j) if the accused applies to the Court to issue a summons for compelling the attendance of any witness (whether he has or has not been previously examined in the case) for the purpose of examination or the production of any document or other thing, the Court shall issue a summons unless it considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for the purpose of defeating the ends of justice; and such ground shall be recorded by it in writing;
(k) (i) if the Court finds the accused not guilty the Court shall record an order of acquittal;
(ii) if the Court finds the accused guilty or if a plea of guilty has been recorded and accepted, the Court shall pass sentence according to the law;
(l) when the proceedings have been instituted upon the complaint of some person upon oath under section 72 and upon any day fixed for the hearing of the case the complainannt is absent, the Court may, in its discretion, notwithstanding anything herein before contained, discharge the accused.