Original Enactment
NEGERI PERLIS
ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006
Date of Royal Assent :
14 April 2006
Date of publication in the Gazette :
25 May 2006
Date of coming into operation :
Not Yet Inforce
ARRANGEMENT OF SECTIONS
_____________
Preamble
PART I - PRELIMINARY
Section 1.
Short title, application and commencement
Section 2.
Interpretation
Section 3.
Trial of offences by the Court
PART II - GENERAL PROVISIONS AS TO CRIMINAL COURT
Section 4.
Cou
rts
Section 5.
Courts to be open
Section 6.
Exclusion of public in certain cases
Section 7.
Criminal jurisdiction of Judge
PART III - OTHER GENERAL PROVISIONS
CHAPTER I - OF INFORMATION TO JUDGE AND RELIGIOUS ENFORCEMENT OFFICER
Section 8.
Public, when to assist Judge, etc
Section 9.
Public to give information of certain matters
CHAPTER 2 - OF ARREST, ESCAPE AND RE-ARREST
Section 10.
Arrest: how made
Section 11.
Search of place entered by person sought to be arrested
Section 12.
Search of persons in place searched
under warrant
Section 13.
Power to break open any place for purposes
of liberation
Section 14.
No unnecessary restraint and mode of searching a person
Section 15.
Search of persons arrested
Section 16.
Power to seize offensive
weapons
Section 17.
Search of persons for name and
address
Section 18.
Arrest without warrant
Section 19.
Refusal to give name and residence
Section 20.
Persons arrested
Pegawai Masjid
: how to be dealt with
Section 21.
Pursuit of offenders
Section 22.
How person arrested is to be dealt with and detention for more than twenty-four hours
Section 23.
Release of person arrested
Section 24.
Offence committed in the presence
of a judge
Section 25.
Arrest by or in presence
of judge
Section 26.
Power to pursue and re-
arrest
Section 27.
Provisions of sections 11 and 13 to apply to arrest
under section 26
CHAPTER 3 - OF PROCESSES TO COMPEL APPEARANCE
Summons
Section 28.
Form of summons and
service
Section 29.
Summons: how served
Section 30.
Procedure when personal service cannot
be effected
Section 31.
Proof of service
Warrant Of Arrest
Section 32.
Form of warrant of
arrest
Section 33.
Court may direct by indorsement on warrant security
to be taken
Section 34.
Warrants: to whom directed
Section 35.
Notification of substance of
warrant
Section 36.
Person arrested to be brought before the Court
without delay
Section 37.
Procedure on arrest of person against whom
warrant is issued
Other Rules Regarding Summonses To Appear And Warrants Of Arrest
Section 38.
Issue of warrant in lieu of or in addition
to summons
Section 39.
Summonses to appear and warrants of arrest may be executed in any part of Malaysia
Section 40.
Power to take bond for
appearance
Section 41.
Arrest on breach of bond for
appearance
CHAPTER 4 - OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
Section 42.
Summons to produce document or
other things
Section 43.
Provisions of sections 28 to
31 to apply
Search Warrants
Section 44.
When search warrant may be
issued
Section 45.
Power to restrict search
warrant
Section 46.
Judge may issue warrant authorizing search for evidence
of offence
Section 47.
Form of search warrant
Section 48.
Search for persons wrongfully confined
Section 49.
Persons in charge of closed places
to allow search
Section 50.
Judge issuing search warrant may attend at
its execution
Section 51.
Judge may direct search in his presence
Section 52.
List of all things seized to be
made and signed
Section 53.
Occupant to be present at
search
PART IV - INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICERS AND THEIR POWERS TO INVESTIGATE
Section 54.
Information
Section 55.
Procedure
Section 56.
Admission of certified copy of information
as evidence
Section 57.
Procedure where seizable offence suspected
Section 58.
Power to require attendance of
witnesses
Section 59.
Examination of witnesses by Religious Enforcement
Officer
Section 60.
Statements to Religious Enforcement Officer not to be admitted
in evidence
Section 61.
No inducement to be offered
Section 62.
Power to record statements and confessions
Section 63.
Search by Religious Enforcement
Officer
Section 64.
Religious Enforcement Officer may require bond for appearance of complainant and witnesses
Section 65.
Diary of proceedings in investigation
Section 66.
Report of Religious Enforcement
Officer
PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 1 - OF THE JURISDICTION OF CRIMINAL COURT IN TRIALS
Section 67.
Ordinary place of
trial
Section 68.
Accused triable in place where act is done or where
Section 69.
Place of trial where act is an offence by reason of
relation to other offence
Section 70.
Where scene of offence is
uncertain
Section 71.
When doubt arises, Chief Syarie Judge
to decide
Conditions Requisite For Initiation Of Proceedings
Section 72.
Cognizance of offences by
Judge
Section 73.
Sanction to prosecute from Chief Syarie Prosecutor
CHAPTER 2 - OF COMPLAINTS TO JUDGE
Section
74.
Examination of complainant
Section
75.
Postponement of issue of process
Section
76.
Dismissal of complaint
Section
77.
Issue of process
CHAPTER 3 -
OF THE CHARGE
Section
78.
Form of charge
Section
79.
Particulars as to time, place
and person
Section
80.
When manner of committing offence must
be stated
Section
81.
Sense of words used in charge to describe
offence
Section
82.
Effect of errors
Section
83.
Court may amend or add
to charge
Section
84.
When trial may proceed immediately after amendment
or addition
Section
85.
When new trial may be directed or
trial adjourned
Section
86.
Stay of proceedings if prosecution of offence in amended charge requires previous sanction
Section
87.
Recall of witnesses when charge amended
or added
Section
88.
Separate charges for distinct offences
Section
89.
Three offences of same kind within twelve months may be charged together
Section
90.
Trial for more than one
offence
Section
91.
Where it is doubtful what offence has
been committed
Section
92.
When a person charged with one offence can be
convicted to another
Section
93.
Person charged with an offence can be convicted
of the attempt
Section
94.
When offence proved is included in offence
charged
Section
95.
When persons may be charged
jointly
CHAPTER 4 - OF TRIALS
Section
96.
Procedure in trials
Section
97.
Power to discharge conditionally or unconditionally
Section
98.
Addresses
Section
99.
Power to award compensation
Section 100.
Particulars to be recorded
Section 101.
Transfer of cases
CHAPTER 5 - GENERAL PROVISIONS AS TO TRIALS
Section
102.
Procedure where there are previous
convictions
Section
103.
Prosecutor may decline to prosecute further
at any stage
Section
104.
Right of accused to be
defended
Section
105.
Court may put questions to
accused
Section
106.
Case of prosecution to be explained by Court to
undefended accused
Section
107.
Power to postpone or adjourn proceedings
Section
108.
Change of Judge during
hearing
Section
109.
Detention of offenders attending in
Court
Section
110.
Weekly or public holiday
CHAPTER 6 - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS
Section
111.
Evidence to be taken in the presence
of the accused
Section
112.
Recording of evidence
Section
113.
Record in all
cases
Section
114.
Mode of recording evidence
Section
115.
Interpretation of evidence to
accused
Section
116.
Remarks as to demeanour of
witness
Section
117.
Other persons may be authorized to take down
notes of evidence
CHAPTER 7 - OF THE JUDGMENT
Section
118.
Mode of delivering judgment
Section
119.
Judgment to be explained to accused and
copy supplied
Section
120.
Judgment to be filed with
record
CHAPTER 8 - OF SENTENCES AND THE CARRYING OUT THEREOF
Section
121.
Provisions as to execution of sentence of
imprisonment
Section
122.
Provisions as to sentences
of fine
Section
123.
Suspension of execution in certain
cases
Section
124.
Warrant: by whom issuable
Section
125.
Sentence of whipping
Section
126.
Time of executing such sentence of
whipping
Section
127.
Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
Section
128.
Youthful offenders
Section
129.
First offenders
Section
130.
Condition of bonds
Section
131.
Return of warrant
CHAPTER 9 - OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES
Section
132.
Power to suspend or remit
sentences
Section
133.
Power to commute punishment
CHAPTER 10 - OF PREVIOUS ACQUITTALS OR CONVICTIONS
Section 134.
Person once convicted or acquitted not to be tried again for the same offence
Section 135.
Plea of previous acquittal or conviction
PART VI - OF APPEAL AND REVISION
CHAPTER I - OF APPEALS TO THE SYARIAH HIGH COURT
Section
136.
When plea of guilty limits right
of appeal
Section
137.
Appeal against acquittal
Section
138.
Procedure for appeal
Section
139.
Transmission of appeal record
Section
140.
Appeal specially allowed in certain
cases
Section 141.
Stay of execution pending
appeal
Section 142.
Setting down appeals on
list
Section 143.
Procedure at hearing
Section 144.
Non-appearance of respondent
Section 145.
Arrest of respondent in certain
cases
Section 146.
Decision on appeal
Section 147.
Order to take further
evidence
Section 148.
Judgment
Section 149.
Certificate and consequence of judgment
Section 150.
Death of parties to
appeal
Section 151.
Costs
CHAPTER 2 - OF APPEAL TO THE SYARIAH APPEAL COURT
Section 152.
Jurisdiction of the Syariah Appeal
Court
Section 153.
Notice of appeal
Section 154.
Records of proceedings
Section 155.
Petition of appeal
Section 156.
Procedure where appellant in
prison
Section 157.
Transmission of records to Syariah Appeal
Court
Section 158.
Appeals out of time and formal
defects
Section 159.
On appeal against uitataclq, accused may be
arrested
Section 160.
Appeal not to operate as stay
of execution
Section 161.
Notice of time and place
of hearing
Section 162.
Powers of Syariah Appeal
Section 163.
Additional evidence
Section 164.
Judgment
Section 165.
Judgment or order to be certified
to trial Court
Section 166.
Point reserved on trial for Syariah
Appeal Court
Section 167.
References to Syariah Appeal Court on appeal from a Syariah Subordinate Court
CHAPTER 3 - OF REVISION
Section
168.
Power to revise
Section
169.
Power to order further
inquiry
Section
170.
Power on revision
Section
171.
Hearing of parties on
revision
Section
172.
Orders on revision
CHAPTER 4 - PROCEEDINGS IN CASES OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section
173.
Procedure as to offences in
Court
Section
174.
Record of facts constituting the
offence
Section
175.
Alternative procedure
Section
176.
Power to remit punishment
Section
177.
Refusal to give evidence
Section 178.
Appeal
Section
179.
Judge not to try certain offences committed
before himself
PART VII - SUPPLEMENTARY PROVISIONS
CHAPTER 1 - PERSONS OF UNSOUND MIND
Section
180.
Procedure where accused is suspected to be
of unsound mind
CHAPTER 2 - OF PROSECUTION
Section
181.
Chief Syarie Prosecutor
Section
182.
Chief Syarie Prosecutor to appear
personally
Section
183.
Prosecution
Section
184.
Employment of Peguam Syarie
CHAPTER 3 - OF BAIL
Section
185.
When person may be released
on bail
Section
186.
Amount of bond
Section
187.
Bond to be executed
Section
188.
When person to be released
Section
189.
When warrant of arrest may be issued against
person bailed
Section
190.
Sureties may apply to have bond
discharged
Section
191.
Appeal
CHAPTER 4 - SPECIAL PROVISIONS RELATING TO EVIDENCE
Section
192.
Procedure when person able to give material evidence
is dangerously ill
Section
193.
Where person bound to give evidence intends
to leave Malaysia
Section 194.
Reports of certain persons
Section
195.
How previous conviction or acquittal may
be proved
Section
196.
Record of evidence in absence
of accused
Section
197.
Notice to be given of defence
of alibi
CHAPTER 5 - PROVISIONS AS TO BONDS
Section
198.
Deposit instead of
bond
Section
199.
Procedure on forfeiture of
bond
Section
200.
Appeal from
orders
CHAPTER 6 - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES
Section
201.
Court shall consider manner of disposal
of exhibits
Section
202.
Order for disposal of property regarding which offence committed
CHAPTER 7 - OF THE TRANSFER OF CRIMINAL CASES
Section
203.
Power of the Judge of the Syariah High Court
to transfer cases
Section
204.
Application for transfer to be supported
by affidavit
CHAPTER 8 - OF IRREGULARITIES IN PROCEEDINGS
Section
205.
Proceeding in wrong p
lace,
etc.
Section
206.
Omission to frame charge
Section
207.
Irregularities not to vitiate proceedings
PART VIII - GENERAL
Section
208.
Definition
Section
209.
Protection of officers
Section
210.
Contempt of Court
Section
211.
False information, evidence or admission
Section
212.
Religious officer disobeying a direction of the law with the intent to cause injury to any person
Section
213.
Omission to produce, etc. a document to a religious officer by person legally bound to produce, etc. such document
Section
214.
Refusing oath when duly required to take oath by
a religious officer
Section 215.
Refusing to answer a religious officer authorized to question
Section
216.
Refusing to sign statement
Section
217.
Intentional insult or interruption to a religious officer sitting in any stage of a judicial proceedings
Section
218.
Sworn of affidavit
Section
219.
Power of Court to summon and exami
ne persons
Section
220.
Order for payment of compensation
Section
221.
Provisions as to compensation
Section
222.
Copies of proceedings
Section
223.
Person released on bail to give address
Section
224.
Compensation where charge is grou
ndless
Section
225.
Judge not to act where
interested
Section
226.
Evidence
Section
227.
Forms
Section
228.
Application of fines
Section
229.
Rules
Section
230.
Hukum Syarak
Section 231.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE
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