ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002
PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 4 - OF TRIALS
Section 97. Power to discharge conditionally or unconditionally.
(1) Notwithstanding anything contained in section 96, the Court shall have the powers contained in this section.
(2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of the opinion that having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment other than a nominal punishment or that it is expedient to release the offender on probation,
the Court may, without proceeding to record a conviction, make an order—
(a) dismissing the charge or complaint after such admonition or caution to the offender as to the Court seems fit;
(b) order the offender to be detained in a welfare house approved by the Majlis for such period not exceeding six months as the Court considers fit; or
(c) discharging the offender conditionally on his entering into a bond, with sureties, to be of good behaviour for such period, not exceeding three years, as may be specified in the order, and to appear for the conviction to be recorded and for sentence when called upon at any time during such period.
(3) The Court may, in addition to any such order, order the offender to pay such compensation for injury or for loss, not exceeding the sum of one thousand ringgit, or to pay such costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.
(4) If the Court is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.
(5) Any offender when apprehended on any such warrant shall, if not forthwith brought before the Court having power to sentence him, be brought before a Judge who may—
(a) either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence, whichever shall first happen; or
(b) admit him to bail with a sufficient surety conditioned on his appearing for judgment.
(6) The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he shall be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release.
Copyright © PNMB-LawNet. All rights reserved.