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Syariah Courts Criminal Procedure Code · s 280

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s 280Reference to Syariah Appeal Court

(1)

If a person (in this Chapter referred to as the respondent) has been acquitted of any charge in a trial before the Syariah High Court in the exercise of its orginial criminal jurisdiction, the Chief Syari'e Prosecutor may. if he desires the opinion of the Syariah Appeal Court on a point of law which has arisen in the case, refer the point to the Syariah Appeal Court which shall. in accordance with this Chapter, consider the point and give its opinion on it.

(2)

A reference shall -

(a)

be in writing signed by the Chief Syari'e Prosecutor;

(b)

specify the point of law referred and, where appropriate, such facts of the case as are necessary for the proper consideration of the point of law;

(c)

summarise the arguments intended to be put to the Syariah

Court;

(d)

specify the authorities intended to be cited;

Syuriuh Courts 156 CAP.

Criminal Procedure Code

(e)

be entitled "Reference under the Syariah Courts Criminal

Procedure Code (Chapter 224)" together with the year and number of a the reference; and

Cf) be filed with the Registrar of the Syariah High Court within 21 days. or on the application of the Chief Syari'e Prosecutor.

within such further time as the Syariah Appeal Court may allow, after the date on which the respondent was acquitted.

(3)

No mention shall be made in the reference of the proper name of any person or place which is likely to lead to the identification of the respondent.