Original Enactment
SABAH
ENACTMENT NO. 9 OF 2004
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2004
Date of Royal Assent :
30 August 2004
Date of publication in the Gazette :
14 October 2004
Date of coming into operation :
1 June 2005
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.
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 1 - Of An Information To Syar'ie Judge And Religous 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 purpose 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 by 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 in 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 Court without delay
.
Section 37.
Procedure on arrest of person against whom warrant is issued
.
Other Rules Regarding Summonses to Appear and Warrant 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 ENFORCEMFNT 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 inducements 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 Syariah Courts In Trials.
Section 67.
Ordinary place of trial.
Section 68.
Accused triable in place where act is done or where consequence ensues.
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
Syar'ie
Judges to decide
.
Condition Requisite for Initiation of p Proceedings
Section 72.
Cognizance of offences by
Syar'ie
Judge
.
Chapter 2 - Of Complaints To Judge
Section 73.
Sanction prosecute from Chief Syar'ie Prosecutor.
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 error.
Section 83.
Court may amend or add to charge.
Section 84.
When trial may proceed immediately after alteration or addition.
Section 85.
When new trial may he 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 of 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 for 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 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 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 sentences of imprisonment
Section 122.
Provisions as to sentences of fine
Section
123.
Suspension of execution in certain
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.
Conditions 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 same offence
Section
135.
Plea of previous acquittal or conviction
PART V I - OF APPEAL, AND REVISION
Chapter 1 - Of Appeals To The Syariaii 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 Appeals 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 acquittal, accused may be arrested
Section
160.
Appeal not to operate as a stay of execution
Section
161.
Notice of time and place of hearing
Section
162.
Powers of Syariah Appeal Court
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
Syar'ie
Prosecutor
Section
182.
Chief
Syar'ie
Prosecutor to appear personally
Section
183.
Prosecution
Section
184.
Employment of
Syar'ie
Lawyer
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 Syariah High Court to transfer cases
Section
204.
Application for transfer to be supported by affidavit
Chapter 8 - Of Ireegularities 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 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 for service
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.
Islamic Law
Section
231.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE
FORM 1
FORM 2
FORM 3
FORM 4
FORM 5
FORM 6
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