Syariah Courts Criminal Procedure Code · s 314

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314.
Procedure where person of unsound mind appears to be fit for discharge
(1) If it appears to His Majesty the Sultan and Yang Di-Pertuan through a medical report under section 312 or otherwise that a person detained or confined under section 308 or 3 11, in this section referred to as the patient, inay have recovered his sanity and that his discharge may be warranted then. if His Majesty the Sultan and Yang Di-Pertuan is of opinion that the discharge of the patient either unconditionally or under sections 3 15
and 316 is warranted, His Majesty the Sultan and Yang Di-Pertuan shall proceed to order his discharge.
(2) If the patient is confined under section 308. this section applies only if the Chief Syar'ie Prosecutor have informed His Majesty the Sultan and Yang Di-Pertuan that he has declined to certify to the effect meiitioned in section 3 1 3 (b).
(3) For the purpose of assisting His Majesty the Sultan and Yang Di-Pertuan in forming an opinion under subsection (1). His Majesty the Sultan and Yang Di-Pertuan may, in His Majesty's discretion, appoint a
Commission consisting of a Syar'ie Judge and such number of suitable persons or other suitable persons, as His Majesty the Sultan and Yang Di-Pertuan shall deem fit, to inquire formally into the question whether the discharge of the patient is justified.
(4) A Commission appointed under subsection (3) shall sit in camera.

Syuriah Courts 172 CAP.
Criminal Procedure Code
(5) For the purpose of subsection (4), the patient or his representative and the Chief Syar'ie Prosecutor shall have the right, without leave, to appear and be heard by the Commission.

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s 314Procedure where person of unsound mind appears to be fit for discharge

(1)

If it appears to His Majesty the Sultan and Yang Di-Pertuan through a medical report under section 312 or otherwise that a person detained or confined under section 308 or 3 11, in this section referred to as the patient, inay have recovered his sanity and that his discharge may be warranted then. if His Majesty the Sultan and Yang Di-Pertuan is of opinion that the discharge of the patient either unconditionally or under sections 3 15

and 316 is warranted, His Majesty the Sultan and Yang Di-Pertuan shall proceed to order his discharge.

(2)

If the patient is confined under section 308. this section applies only if the Chief Syar'ie Prosecutor have informed His Majesty the Sultan and Yang Di-Pertuan that he has declined to certify to the effect meiitioned in section 3 1 3 (b).

(3)

For the purpose of assisting His Majesty the Sultan and Yang Di-Pertuan in forming an opinion under subsection (1). His Majesty the Sultan and Yang Di-Pertuan may, in His Majesty's discretion, appoint a

Commission consisting of a Syar'ie Judge and such number of suitable persons or other suitable persons, as His Majesty the Sultan and Yang Di-Pertuan shall deem fit, to inquire formally into the question whether the discharge of the patient is justified.

(4)

A Commission appointed under subsection (3) shall sit in camera.

Syuriah Courts 172 CAP.

Criminal Procedure Code

(5)

For the purpose of subsection (4), the patient or his representative and the Chief Syar'ie Prosecutor shall have the right, without leave, to appear and be heard by the Commission.