Section 163. Reference to Syariah Appeal Court on appeal from a Syariah Lower Court. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

ENACTMENT NO. 10 OF 1993
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

PART V - APPEAL AND REVISION
CHAPTER XVII - APPEAL TO THE SYARIAH APPEAL COURT

Section 163. Reference to Syariah Appeal Court on appeal from a Syariah Lower Court.

(1) If an appeal from a decision of a Syariah Lower Court in a criminal matter has been determined by the Syariah High Court, the Syariah Appeal Court may on the application of any party7 grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Syariah High Court has affected the event of the appeal.

(2) An application for leave under this section shall be made within one month or such longer time as the Syariah Appeal Court may permit of the determination of the appeal to which it relates.

(3) If leave has been granted by the Syariah Appeal Court under this section, the Syariah High Court may make such order as it may see fit for the arrest, custody or release on bail of any party to the appeal; and the Registrar of the Syariah High Court shall forward the record of the proceedings in the Syariah High Court to the Registrar of the Syariah Appeal Court who shall thereupon appoint and notify the parties to the appeal the time and place for the hearing of the matter.

(4) If leave has been granted by the Syariah Appeal Court, it shall hear and determine the question allowed to be referred for its determination and make such oredr as the Syariah High Court might have made as it may consider just for the disposal of the appeal.

(5) For the purposes of this section but without prejudice to the generality of its provisions-

(a) any question of law regarding which there is a conflict of judicial authority shall be deemed to be a question of public interest; and

(b) the rservation of a question of law for the consideration of the Syariah High Court under this Enactment or the exercise by the Syariah High Court of any power of revision under the Enactment shall be deemed to be an appeal from a decision of a Syariah Lower Court.