Section 36. Criminal appeal procedure. (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

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

PART III- SYAR'IAH COURTS
Criminal Appeal Procedure

Section 36. Criminal appeal procedure.

(1) Any person who is dissatisfied with any judgment, sentence, or order pronounced by a Syar'iah Subordinate Court in any criminal proceedings under this Enactment to which he is a party may prefer an appeal to the Syar'iah High Court against the judgment, sentence, or order in respect of any error in law or in fact or on the ground of alleged severity or alleged inadequacy of any sentence, by filing or lodging a notice of appeal with the Court appealed from, addressed to the Syar'iah High Court and by paying the prescribed appeal fee.

(2) The notice of appeal shall be filed or lodged within fourteen days from the date on which the judgment, sentence, or order was passed or made, unless on application to the Syar'iah High Court the period of fourteen days is extended.

(3) Every notice of appeaI shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate.

(4) When a notice of appeal has been filed or lodged, the Court appealed from shall make a signed copy of the grounds of decision in the case and cause it to be served on the appellant or his advocate by leaving the copy at the address mentioned in the notice of appeal or by posting by registered post to the appellant or his advocate at the said address.

(5) Within fourteen days after the copy of the grounds of decision has been served as provided in subsection (4), the appellant shall file or lodge with the Court appealed from a petition of appeal addressed to the Syar'lah HIgh Court.
(6) If the appellant, within the period provided under subsection (2) for filing or lodging his notice of appeal, has applIed for a copy of the notes of evidence recorded by the Court appealed from at the time when the proceedings were carried out, he shall lodge his petition of appeal as stated under subsection (5)-

(a)

within the period provided by that subsection; or

(b)

within fourteen days from the date when a notice is left at his address for service specified under subsection

(3)

that a copy of the notes of evidence can be had free of charge,

whichever period is the long!r.

(7) Every petition of appeal shall state briefly the substance of the judgment appealed against and shall contain definite particulars of the points of law or of fact in regard to which the Fourt appealed from is alleged to have erred.

(8) If the appellant is imprisoned, he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the time prescribed by this section and pays the prescribed appeal fee; and the officer shall forthwith forward the notice and petition or the purport thereof together with the appeal fee to the Court where the trial was held.

(9) In the case of an appeal by the prosecutor appeal fees are exempted.

(10) If the petition of appeal is not filed or lodged within the time prescribed by this section, the appeal shall be deemed to have been withdrawn and the Court where the trial was held shatl enforce its sentence or order, if stay of execution has been granted, but nothing aforesaid shall be deemed to limit or restrict the powers conferred upon the Syar'iah High Court by section 38.