Syariah Courts Criminal Procedure Code · s 308

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

308.
Release of person of unsound mind pending investigation or trial
(1) Whenever an accused person is found to be of unsound mind and incapable of making his defence the Syariah Court may. if the offence charged is bailable. in its discretion release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Syariah Court or such officer as the Syariah Court appoints in that behalf or -
(a) in the case of a Syariah Subordinate Court, remand him to a prison or suitable place of safe custody and refer the case to a Syariah
High Court Judge who may -
(i) release him on security being given as provided in this subsection;
(ii) make further inquiry or direct that further inquiry be made; or
(iii) order him to be confined in a prison or suitable place of safe custody and report the case to the Permanent
Secretary;
(b) in the case of the Syariah High Court. order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary but without prejudice to the provision of section 3 13.
•
(2) If the offence charged is non-bailable, the Syariah Court -
(a) in the case of a Syariah Subordinate Court, shall remand the accused person to a prison or other suitable place of safe custody and refer the case to a Syariah High Court Judge who may -
(i) release him on security being given as provided in a subsection (1);

Sj~ariah Courts
Crin~inaI Procedure Code
CAP. 224 169
(ii) make further inquiry or direct that further inquiry be made; or
(iii) order him to be confined in a prison or suitable place of safe custody and report the case to the Permanent
Secretary;
(b) in the case of the Syariah High Court -
(i) release him on security being given as provided in subsection (1); or
(ii) order him to be confined in a prison or other suitable place of safe custody and report the case to the
Permanent Secretary.
(3) Subject to subsection (4), where any case is reported to the
Permanent Secretary under subsection (1) or (2), the Permanent Secretary shall direct the accused person to be confined in a prison or suitable place of safe custody during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.
(4) Where a case reported to the Permanent Secretary under subsection (1) or (2) involves any yatl offence, the Permanent Secretary shall direct the accused person to be confined in prison or suitable place of safe custody until any wali-ad-dam of the victim desires for him to be released.
taking into consideration the consequences of such release.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 308Release of person of unsound mind pending investigation or trial

(1)

Whenever an accused person is found to be of unsound mind and incapable of making his defence the Syariah Court may. if the offence charged is bailable. in its discretion release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Syariah Court or such officer as the Syariah Court appoints in that behalf or -

(a)

in the case of a Syariah Subordinate Court, remand him to a prison or suitable place of safe custody and refer the case to a Syariah

High Court Judge who may -

(i)

release him on security being given as provided in this subsection;

(ii)

make further inquiry or direct that further inquiry be made; or

(iii)

order him to be confined in a prison or suitable place of safe custody and report the case to the Permanent

Secretary;

(b)

in the case of the Syariah High Court. order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary but without prejudice to the provision of section 3 13.

•

(2)

If the offence charged is non-bailable, the Syariah Court -

(a)

in the case of a Syariah Subordinate Court, shall remand the accused person to a prison or other suitable place of safe custody and refer the case to a Syariah High Court Judge who may -

(i)

release him on security being given as provided in a subsection (1);

Sj~ariah Courts

Crin~inaI Procedure Code

CAP. 224 169

(ii)

make further inquiry or direct that further inquiry be made; or

(iii)

order him to be confined in a prison or suitable place of safe custody and report the case to the Permanent

Secretary;

(b)

in the case of the Syariah High Court -

(i)

release him on security being given as provided in subsection (1); or

(ii)

order him to be confined in a prison or other suitable place of safe custody and report the case to the

Permanent Secretary.

(3)

Subject to subsection (4), where any case is reported to the

Permanent Secretary under subsection (1) or (2), the Permanent Secretary shall direct the accused person to be confined in a prison or suitable place of safe custody during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.

(4)

Where a case reported to the Permanent Secretary under subsection (1) or (2) involves any yatl offence, the Permanent Secretary shall direct the accused person to be confined in prison or suitable place of safe custody until any wali-ad-dam of the victim desires for him to be released.

taking into consideration the consequences of such release.