Syariah Courts Criminal Procedure Code · s 262

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262.
Disposal of appeal under section 261
(1) The Syariah Appeal Court shall allow an appeal under section 261 if it is of opinion that -
(a) the finding should be set aside on the ground that it is unsafe or unsatisfactory;
(b) the order giving effect to the finding should be set aside on the ground of a wrong decision on any question of law; or
(c) there was a material irregularity in the course of the determination of the question of fitness to be tried.
and in any other case (except one to which subsection (3) applies) shall dismiss the appeal.
(2) Notwithstanding subsection (I), the Syariah Appeal Court may dismiss the appeal if it is of opinion that no miscarriage of justice has actually occurred.
(3) An appeal under section 261 may, where the question of fitness to be tried was determined later than on the accused being charged, be allowed by the Syariah Appeal Court (notwithstanding that the finding was properly come to) if before the question of fitness to be tried was considered, the Syariah Appeal Court is of opinion that the case is one in which -
(a) the accused person should have been acquitted; or

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Criminal Procedure Code
(b) in the case of an appeal by the Chief Syar'ie Prosecutor. the respondent should not have been acquitted.
and. if an appeal is allowed under this subsection, the Syariah Appeal Court shall quash the finding and direct -
(i) in relation to paragraph (u). a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity);
(ii) in relation to paragraph (b), that a new trial be ordered.
(4) Subject to subsection (3), where an appeal under section 261 is allowed, the appellant or respondent may be tried for the offence with which he was charged. and the Syariah Appeal Court may make such orders as appear to it to be necessary or expedient pending any such trial for his detention in custody or admission to bail.

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s 262Disposal of appeal under section 261

(1)

The Syariah Appeal Court shall allow an appeal under section 261 if it is of opinion that -

(a)

the finding should be set aside on the ground that it is unsafe or unsatisfactory;

(b)

the order giving effect to the finding should be set aside on the ground of a wrong decision on any question of law; or

(c)

there was a material irregularity in the course of the determination of the question of fitness to be tried.

and in any other case (except one to which subsection (3) applies) shall dismiss the appeal.

(2)

Notwithstanding subsection (I), the Syariah Appeal Court may dismiss the appeal if it is of opinion that no miscarriage of justice has actually occurred.

(3)

An appeal under section 261 may, where the question of fitness to be tried was determined later than on the accused being charged, be allowed by the Syariah Appeal Court (notwithstanding that the finding was properly come to) if before the question of fitness to be tried was considered, the Syariah Appeal Court is of opinion that the case is one in which -

(a)

the accused person should have been acquitted; or

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Criminal Procedure Code

(b)

in the case of an appeal by the Chief Syar'ie Prosecutor. the respondent should not have been acquitted.

and. if an appeal is allowed under this subsection, the Syariah Appeal Court shall quash the finding and direct -

(i)

in relation to paragraph (u). a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity);

(ii)

in relation to paragraph (b), that a new trial be ordered.

(4)

Subject to subsection (3), where an appeal under section 261 is allowed, the appellant or respondent may be tried for the offence with which he was charged. and the Syariah Appeal Court may make such orders as appear to it to be necessary or expedient pending any such trial for his detention in custody or admission to bail.