Section 98. Particulars to be recorded. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

ENACTMENT NO. 10 OF 1993
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

PART IV - PROCEEDINGS IN PROSECUTIONS
CHAPTER X - TRIALS

Section 98. Particulars to be recorded.

(1) In proceeding 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 in any such form, by annexing thereto any requisite number4 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, identification card number and sedx of the accused;

(d) the charge;

(e) the return date of the summons;

(f) the date of issue of the summons or warrant;

(g) the name and address of the complainant, 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 race 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 rank 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 mention or trial and the date to which the case was adjourned or postoponed and the grounds for making the same;

(p) the Court's record of the evidence, if any;

(q) findings;

(r) the sentence or other final order;

(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;

(w) in the event of an appeal being lodged, the date of the notice of appeal, of any request for the record of evidence, of any notification that the record of evidence can be had on payment, of the service of the Court's grounds of decision and the transmission of the record to the Syariah High Court or Syariah Appeal Court;

(x) if the judgement was oral, the grounds of the decision;

(y) Syariah High Court's or Syariah Appeal Court's serial number of the appeal; and

(z) 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 presiding Judge, and shall be filed in such manner as may be prescribed.