ENACTMENT NO. 9 OF 2004 SYARIAH CRIMINAL PROCEDURE ENACTMENT 2004
PART V - PROCEEDINGS IN PROSECUTIONS Chapter 5 - General Provisions As To Trials
Section 102. Procedure where there are previous convictions
Where the accused is charged with an offence committed after a previous conviction for any offence, the following procedure shall be observed –
(a) the part of the charge stating the previous conviction shall not be read out in Court, nor shall the accused be asked whether he has been previously convicted as alleged in the charge unless and until he has either pleaded guilty to or been convicted of the subsequent offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the charge; and
(c) if he answers that he has been so previously convicted, the Court may proceed to pass sentence on him accordingly, but if he denies that he has been so previously convicted or refuses to or does not answer such question, the Court shall inquire concerning such previous conviction.