ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

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-

(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-
(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.




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