Syariah Courts Criminal Procedure Code · s 335

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335.
When witness not required to attend
(1) Except in offences punishable with hadd, qisas. death or other sentences as prescribed by the Chief Syar'ie Judge, any document purporting to be a report under the hand of any person mentioned in subsection (2) on any person, matter or thing examined or analysed by him may be given in evidence in any inquiry. trial or other proceeding under this Code unless such person shall be required to attend as a witness by -
(a) the Syariah Court; or
(b) the accused, in w-hicli case the accused shall give notice to the Syar'ie Prosecutor not less than 7 clear days before the commencement of the trial:
Provided that in any case in which the Syar'ie Prosecutor intends to give in evidence any such report, he shall deliver a copy of the report to the accused not less than 14 clear days before the commencement of the trial, unless the Syariah Court otherwise allows.
(2) The following are persons to whom the provision of subsection (1) applies -
(a) medical officers of the Government of His Majesty the
Sultan and Yang Di-Pertuan or those recognised by the Government of His Majesty the Sultan and Yang Di-Pertuan. Malaysia or
Singapore;
(b) any person recognised in analytical work by the Government of His Majesty the Sultan and Yang Di-Pertuan, Malaysia or
Singapore;
(c) any chemist recognised by the Government of His Majesty the Sultan and Yang Di-Pertuan, Malaysia or Singapore;
(d) any person recognised as a document examiner by the
Government of His Majesty the Sultan and Yang Di-Pertuaii,
Malaysia or Singapore;
(e) any inspector of weights and measure duly appointed under the provisions of any other written law;

Syariah Courts 182 CAP.
Criminal Procedure Code
If) Registrar of Criminals appointed under the Criminals
Registration Act (Chapter 202);
a
(g) any person declared by the Chief Syar'ie Judge, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to whom this section may apply.
(3) Persons referred to in subsection (2) shall by this Code be bound to state the truth in reports made under their hands.
(4) A report under this section is qarinah.

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s 335When witness not required to attend

(1)

Except in offences punishable with hadd, qisas. death or other sentences as prescribed by the Chief Syar'ie Judge, any document purporting to be a report under the hand of any person mentioned in subsection (2) on any person, matter or thing examined or analysed by him may be given in evidence in any inquiry. trial or other proceeding under this Code unless such person shall be required to attend as a witness by -

(a)

the Syariah Court; or

(b)

the accused, in w-hicli case the accused shall give notice to the Syar'ie Prosecutor not less than 7 clear days before the commencement of the trial:

Provided that in any case in which the Syar'ie Prosecutor intends to give in evidence any such report, he shall deliver a copy of the report to the accused not less than 14 clear days before the commencement of the trial, unless the Syariah Court otherwise allows.

(2)

The following are persons to whom the provision of subsection (1) applies -

(a)

medical officers of the Government of His Majesty the

Sultan and Yang Di-Pertuan or those recognised by the Government of His Majesty the Sultan and Yang Di-Pertuan. Malaysia or

Singapore;

(b)

any person recognised in analytical work by the Government of His Majesty the Sultan and Yang Di-Pertuan, Malaysia or

Singapore;

(c)

any chemist recognised by the Government of His Majesty the Sultan and Yang Di-Pertuan, Malaysia or Singapore;

(d)

any person recognised as a document examiner by the

Government of His Majesty the Sultan and Yang Di-Pertuaii,

Malaysia or Singapore;

(e)

any inspector of weights and measure duly appointed under the provisions of any other written law;

Syariah Courts 182 CAP.

Criminal Procedure Code

If) Registrar of Criminals appointed under the Criminals

Registration Act (Chapter 202);

(g)

any person declared by the Chief Syar'ie Judge, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to whom this section may apply.

(3)

Persons referred to in subsection (2) shall by this Code be bound to state the truth in reports made under their hands.

(4)

A report under this section is qarinah.