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
Copyright © PNMB-LawNet. All rights reserved.