ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002
PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 4 - OF TRIALS
Section 100. Particulars to be recorded.
(1) In proceedings under this Chapter, the Court shall keep a record of the particulars of each case by using and completing or causing to be completed a charge sheet in accordance with such forms as may be prescribed and, where all necessary particulars cannot conveniently be entered on any such form, by annexing thereto any requisite number of continuation sheets.
(2) The particulars to be incorporated in the record shall include—
(a) the name of the Court and the serial number of the case;
(b) the name, identity card number, and the sex of the accused;
(c) the address of the accused;
(d) the charge;
(e) the return date of the summons, if any;
(f) the date of issue of the summons or warrant, if any;
(g) the name and address of the complainant, if any, the date of the complaint and the value of any property involved;
(h) the date of arrest;
(i) the date of first appearance before the Court;
(j) the nationality of the accused;
(k) the age of the accused;
(l) the particulars of any bail or bond;
(m) the plea of the accused;
(n) the name and title of the officer or name of the person conducting the prosecution and the name of the Peguam Syarie, if any, appearing for the accused;
(o) the date of each adjournment or postponement and the date to which such adjournment was made and the grounds for making the postponement or adjournment;
(p) the Court’s note of the evidence, if any;
(q) the findings;
(r) the Court’s notes on previous convictions, evidence of character, and plea in mitigation, if any;
(s) the sentence or other final order;
(t) the judgment, if written;
(u) the date on which the proceedings concluded;
(v) the particulars of any remand warrant, fine receipt and warrant of committal; and
(w) and in the event of an appeal being lodged—
(i) the dates of the notification of appeal, of any request for notes of evidence, of any notice that the notes of evidence can be had on payment, of the service of the Court’s grounds of decision and of the transmission of the record to the Syariah High Court or Syariah Appeal Court, as the case may be;
(ii) if the judgment was oral, the grounds of decision;
(iii) the Syariah High Court or Syariah Appeal Court’s serial number of the appeal; and
(iv) the result of the appeal and the date on which the Court was informed thereof.
(3) The record shall be authenticated by the signature of the Judge and shall be filed in such manner as the Chief Syariah Judge may direct.
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