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
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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.Courts
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 place, 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 examine 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 groundless
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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