Syariah Courts Criminal Procedure Code · s 349

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349.
Power of Syariah High Court to transfer cases
(1) When it is made to appear to the Syariah High Court that -
(a) a fair and impartial inquiry or trial cannot be had in any
Syariah Subordinate Court;
(b) some question of law of unusual difficulty is likely to arise;
(c) a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same;
(d) an order under this section will tend to the general convenience of the parties involved or witnesses; or
•
(e) such an order is expedient for the ends of justice. or is required by any provision of this Code, the Syariah High Court may order that any offence be inquired into or tried by any specified Syariah Subordinate Court competent to inquire into or try such offence, or that any particular criminal case be transferred to and tried before the Syariah High Court, or that a person committed for trial in one place be tried in another place.

LS''fariah Co ztrts
Crinlinal Procedure Code
CAP. 224 189
(2) The Syariah High Court may exercise any of its powers under this section either on the report of the Syariah Subordinate Court, or on the application of a party interested, or on its own initiative.

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s 349Power of Syariah High Court to transfer cases

(1)

When it is made to appear to the Syariah High Court that -

(a)

a fair and impartial inquiry or trial cannot be had in any

Syariah Subordinate Court;

(b)

some question of law of unusual difficulty is likely to arise;

(c)

a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same;

(d)

an order under this section will tend to the general convenience of the parties involved or witnesses; or

•

(e)

such an order is expedient for the ends of justice. or is required by any provision of this Code, the Syariah High Court may order that any offence be inquired into or tried by any specified Syariah Subordinate Court competent to inquire into or try such offence, or that any particular criminal case be transferred to and tried before the Syariah High Court, or that a person committed for trial in one place be tried in another place.

LS''fariah Co ztrts

Crinlinal Procedure Code

CAP. 224 189

(2)

The Syariah High Court may exercise any of its powers under this section either on the report of the Syariah Subordinate Court, or on the application of a party interested, or on its own initiative.