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In force2021 Revised Edition
Contents

Chapter XXIV

237. Mode of delivering judgment

(1)

The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced in open Court, or the substance of such judgment shall be explained in open Court, either immediately or at some subsequent time of which due notice shall be given to the parties or their legal representatives, and the accused shall, if in custody, be brought up or, if not in custody, shall be required to attend to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or if he is acquitted in either of which cases, it may be delivered in the presence of his legal representative.

(2)

Every such judgment shall be delivered in Malay or in

English, and in some language understood by the accused. It shall contain the point or points for determination, the decision thereon, and the reasons for the decision. If the judgment is in writing, it shall be signed by the person delivering it and filed with the record of the proceedings. If the judgment is delivered orally, the substance of it shall be reduced to writing and filed with the record.

(3)

It shall specify the offence (if any) of which, and the section of the Penal Code (Chapter 22) or other written law under which the accused is convicted, and the punishment to which he is sentenced.

(4)

When the conviction is under the Penal Code (Chapter 22)

and it is doubtful under which of two sections or under which of two parts of the same section of that Code the offence falls, the Court shall distinctly express the same and pass judgment in the alternative.

(5)

If it is a judgment of acquittal, it shall state the offence of which the accused is acquitted, and direct that he be set at liberty.

(6)

If the accused is convicted of an offence punishable with death and the Court sentences him to any punishment other than death, the

Court shall in its judgment state the reason why sentence of death was not passed.