SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 560 SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997 As at 1 January 2013 2 SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997 Date of Royal Assent … … … … … 27 March 1997 Date of publication in the Gazette … … 31 March 1997 Latest amendment made by Act A1252 which came into operation on … … … … … … … 2 September 2005 PREVIOUS REPRINTS First Reprint … … … … … 2002 Second Reprint … … … … … 2006 LAWS OF MALAYSIA Act 560 SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation 3. Trial of offences by the Court PART II GENERAL PROVISIONS AS TO CRIMINAL COURT 4. Courts 5. Courts to be open 6. Exclusion of public in certain cases 7. Criminal jurisdiction of Judge PART III OTHER GENERAL PROVISIONS CHAPTER 1 OF INFORMATION TO JUDGE AND RELIGIOUS ENFORCEMENT OFFICER 8. Public, when to assist Judge, etc. 9. Public to give information of certain matters 4 Laws of Malaysia ACT 560 CHAPTER 2 OF ARREST, ESCAPE AND RE-ARREST Section 10. Arrest: how made 11. Search of place entered by person sought to be arrested 12. Search of persons in place searched under warrant 13. Power to break open any place for purposes of liberation 14. No unnecessary restraint and mode of searching a person 15. Search of persons arrested 16. Power to seize offensive weapons 17. Search of persons for name and address 18. Arrest without warrant 19. Refusal to give name and residence 20. Persons arrested by Pegawai Masjid: how to be dealt with 21. Pursuit of offenders 22. How person arrested is to be dealt with and detention for more than twenty-four hours 23. Release of person arrested 24. Offence committed in the presence of a Judge 25. Arrest by or in the presence of a Judge 26. Power to pursue and re-arrest 27. Sections 11 and 13 to apply to arrest under section 26 CHAPTER 3 OF PROCESSES TO COMPEL APPEARANCE Summons 28. Form of summons and service 29. Summons: how served 30. Procedure when personal service cannot be effected 31. Proof of service Warrant of Arrest 32. Form of warrant of arrest Syariah Criminal Procedure (Federal Territories) 5 Section 33. Court may direct by indorsement on warrant security to be taken 34. Warrants: to whom directed 35. Notification of substance of warrant 36. Person arrested to be brought before the Court without delay 37. Procedure on arrest of person against whom warrant is issued Other Rules regarding Summonses to Appear and Warrants of Arrest 38. Issue of warrant in lieu of or in addition to summons 39. Summonses to appear and warrants of arrest may be executed in any part of Malaysia 40. Power to take bond for appearance 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 42. Summons to produce document or other things 43. Sections 28 to 31 to apply Search Warrants 44. When search warrant may be issued 45. Power to restrict search warrant 46. Judge may issue warrant authorizing search for evidence of offence 47. Form of search warrant 48. Search for persons wrongfully confined 49. Persons in charge of closed places to allow search 50. Judge issuing search warrant may attend at its execution 6 Laws of Malaysia ACT 560 Section 51. Judge may direct search in his presence 52. List of all things seized to be made and signed 53. Occupant to be present at search PART IV INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICERS AND THEIR POWERS TO INVESTIGATE 54. Information 55. Procedure 56. Admission of certified copy of information as evidence 57. Procedure where seizable offence suspected 58. Power to require attendance of witnesses 59. Examination of witnesses by Religious Enforcement Officer 60. Statements to Religious Enforcement Officer not to be admitted in evidence 61. No inducement to be offerred 62. Power to record statements and confessions 63. Search by Religious Enforcement Officer 64. Religious Enforcement Officer may require bond for appearance of complainant and witnesses 65. Diary of proceedings in investigation 66. Report of Religious Enforcement Officer PART V PROCEEDINGS IN PROSECUTIONS CHAPTER 1 OF THE JURISDICTION OF COURTS IN TRIALS 67. Ordinary place of trial 68. Accused triable in place where act is done or where consequence ensues 69. Place of trial where act is an offence by reason of relation to other offence 70. Where scene of offence is uncertain Syariah Criminal Procedure (Federal Territories) 7 Section 71. When doubt arises, Chief Syariah Judge to decide Conditions Requisite for Initiation of Proceedings 72. Cognizance of offences by Judge 73. Sanction to prosecute from Chief Syariah Prosecutor CHAPTER 2 OF COMPLAINTS TO JUDGE 74. Examination of complainant 75. Postponement of issue of process 76. Dismissal of complaint 77. Issue of process CHAPTER 3 OF THE CHARGE 78. Form of charge 79. Particulars as to time, place and person 80. When manner of committing offence must be stated 81. Sense of words used in charge to describe offence 82. Effect of error 83. Court may amend or add to charge 84. When trial may proceed immediately after amendment or addition 85. When new trial may be directed or trial adjourned 86. Stay of proceedings if prosecution of offence in amended charge requires previous sanction 87. Recall of witnesses when charge amended or added 88. Separate charges for distinct offences 89. Three offences of same kind within twelve months may be charged together 90. Trial for more than one offence 8 Laws of Malaysia ACT 560 Section 91. Where it is doubtful what offence has been committed 92. When a person charged with one offence can be convicted of another 93. Person charged with an offence can be convicted of the attempt 94. When offence proved is included in offence charged 95. When persons may be charged jointly CHAPTER 4 OF TRIALS 96. Procedure in trials 97. Power to discharge conditionally or unconditionally 98. Addresses 99. Power to award compensation 100. Particulars to be recorded 101. Transfer of cases CHAPTER 5 GENERAL PROVISIONS AS TO TRIALS 102. Procedure where there are previous convictions 103. Prosecutor may decline to prosecute further at any stage 104. Right of accused to be defended 105. Court may put questions to accused 106. Case for prosecution to be explained by Court to undefended accused 107. Power to postpone or adjourn proceedings 108. Change of Judge during hearing 109. Detention of offenders attending in Court 110. Weekly or public holiday Syariah Criminal Procedure (Federal Territories) 9 CHAPTER 6 OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS Section 111. Evidence to be taken in the presence of the accused 112. Recording of evidence 113. Record in all cases 114. Mode of recording evidence 115. Interpretation of evidence to accused 116. Remarks as to demeanour of witness 117. Other persons may be authorized to take down notes of evidence CHAPTER 7 OF THE JUDGMENT 118. Mode of delivering judgment 119. Judgment to be explained to accused and copy supplied 120. Judgment to be filed with record CHAPTER 8 OF SENTENCES AND THE CARRYING OUT THEREOF 121. Provisions as to execution of sentences of imprisonment 122. Provisions as to sentences of fine 123. Suspension of execution in certain cases 124. Warrant: by whom issuable 125. Sentence of whipping 126. Time of executing sentence of whipping 127. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment 128. Youthful offenders 129. First offenders 130. Conditions of bonds 10 Laws of Malaysia ACT 560 Section 131. Return of warrant CHAPTER 9 OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES 132. Power to suspend or remit sentences 133. Power to commute punishment CHAPTER 10 OF PREVIOUS ACQUITTALS OR CONVICTIONS 134. Person once convicted or acquitted not to be tried again for same offence 135. Plea of previous acquittal or conviction PART VI OF APPEAL AND REVISION CHAPTER 1 OF APPEALS TO THE SYARIAH HIGH COURT 136. When plea of guilty limits right of appeal 137. Appeal against acquittal 138. Procedure for appeal 139. Transmission of appeal record 140. Appeal specially allowed in certain cases 141. Stay of execution pending appeal 142. Setting down appeals on list 143. Procedure at hearing 144. Non-appearance of respondent 145. Arrest of respondent in certain cases 146. Decision on appeal 147. Order to take further evidence Syariah Criminal Procedure (Federal Territories) 11 Section 148. Judgment 149. Certificate and consequence of judgment 150. Death of parties to appeal 151. Costs CHAPTER 2 OF APPEALS TO THE SYARIAH APPEAL COURT 152. Jurisdiction of the Syariah Appeal Court 153. Notice of appeal 154. Records of proceedings 155. Petition of appeal 156. Procedure where appellant in prison 157. Transmission of records to Syariah Appeal Court 158. Appeals out of time and formal defects 159. On appeal against acquittal, accused may be arrested 160. Appeal not to operate as stay of execution 161. Notice of time and place of hearing 162. Powers of Syariah Appeal Court 163. Additional evidence 164. Judgment 165. Judgment or order to be certified to trial Court 166. Point reserved on trial for Syariah Appeal Court 167. References to Syariah Appeal Court on appeal from a Syariah Subordinate Court CHAPTER 3 OF REVISION 168. Power to revise 169. Power to order further inquiry 170. Power on revision 171. Hearing of parties on revision 12 Laws of Malaysia Section 172. Orders on revision CHAPTER 4 PROCEEDINGS IN CASES OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 173. Procedure as to offences in Court 174. Record of facts constituting the offence 175. Alternative procedure 176. Power to remit punishment 177. Refusal to give evidence 178. Appeal 179. Judge not to try certain offences committed before himself PART VII SUPPLEMENTARY PROVISIONS CHAPTER 1 PERSONS OF UNSOUND MIND 180. Procedure where accused is suspected to be of unsound mind CHAPTER 2 OF PROSECUTION 181. Chief Syariah Prosecutor 182. Chief Syariah Prosecutor to appear personally 183. Prosecution 184. Employment of Peguam Syarie CHAPTER 3 OF BAIL 185. When person may be released on bail ACT 560 Syariah Criminal Procedure (Federal Territories) Section 186. Amount of bond 187. Bond to be executed 188. When person to be released 189. When warrant of arrest may be issued against person bailed 190. Sureties may apply to have bond discharged 191. Appeal CHAPTER 4 SPECIAL PROVISIONS RELATING TO EVIDENCE 192. Procedure when person able to give material evidence is dangerously ill 193. Where person bound to give evidence intends to leave Malaysia 194. Reports of certain persons 195. How previous conviction or acquittal may be proved 196. Record of evidence in absence of accused 197. Notice to be given of defence of alibi CHAPTER 5 PROVISIONS AS TO BONDS 198. Deposit instead of bond 199. Procedure on forfeiture of bond 200. Appeal from orders CHAPTER 6 OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES 201. Court shall consider manner of disposal of exhibits 202. Order for disposal of property regarding which offence committed 13 14 Laws of Malaysia ACT 560 CHAPTER 7 OF THE TRANSFER OF CRIMINAL CASES Section 203. Power of the Judge of Syariah High Court to transfer cases 204. Application for transfer to be supported by affidavit CHAPTER 8 OF IRREGULARITIES IN PROCEEDINGS 205. Proceedings in wrong place, etc. 206. Omission to frame charge 207. Irregularities not to vitiate proceedings PART VIII GENERAL 208. Definition 209. Protection of officers 210. Contempt of Court 211. False information, evidence or admission 212. Religious officer disobeying a direction of the law with the intent to cause injury to any person 213. O