Section 113. Hearing. (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

ENACTMENT NO. 12 OF 1986
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

PART III- SYAR'IAH COURTS
Procedure in Criminal Proceedings

Section 113. Hearing.

(1) The charge shall be read and explained to the accused.

(2) If the accused pleads guilty, he may be convicted and sentenced on the plea.

(3) If the accused claims trial or refuses to plead, the prosecutor shall outline the facts to be proved and the relevant law and shall then call his witnesses.

(4) Each witness shall be examined by the party calling him and may then be cross-examined by the opposing party.

(5) Cross-examination may be directed to credibility.

(6) The party who called the witness may then re-examine on matters arising out of the cross-examination.

(7) The Court may put any question to any witness at any time.

(8) Any further question may be put, or the witness may be recalled, by leave of the Court.

(9) If after hearing the evidence for the prosecution the Court finds that no case against the accused has been made out which if unrebutted would warrant his conviction, the Court shall acquit and discharge the accused, but on the other hand, if there is such evidence, the Court call on the accused to enter upon his defence.

(10) If called on to enter upon his defence, the accused may address the Court, and may then either give evidence on affirmation or make a statement without affirmation or remain silent.

(11) If the accused elects to make a statement without affirmation, he shall not be cross-examined.

(12) If the accused gives evidence on affirmation, he may be cross-examined, but not as to his character or as to other offences not charged.

(13) The accused may then call his witnesses.

(14) The accused may sum up on the case.

(15) The prosecutor may then reply generally.

(16) The Court shall then either convict or acquit the accused.

(17) If the accused is convicted, the Court may be informed of previous offences and shall have regard to any plea for leniency.

(18) The Court shall then pass sentence according to law.

(19) At any stage of the hearing, before the delivery of judgment, the prosecutor may withdraw the charge and the accused shall then be discharged from the charges, but if the complainant is the prosecutor, and if he does not act in any of the special capacities set out in paragraphs (a) to (d) of section 111, he shall not withdraw without the leave of the Court.

(20) The Court shall at all times satisfy itself that the accused understands the nature and effect of the proceedings and has a proper opportunity to defend himself.

(21) All evidence shall be given in the presence of the accused and shall, if in a language not understood by him, be interpreted to him.

(22) The Court shall record the evidence in writing in narrative form and shall also record its judgment and sentence, if any.