Syariah Courts Criminal Procedure Code · s 324

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

324.
Duty and discretion to admit bail
(1) When any person other than a person accused of an offence punishable with hadd, qisus, death, imprisonment for life or with imprisonment for 15 years or more is arrested or detained without warrant by a Religious Enforcement Officer or police officer or on a warrant under which there is no indorsement under section 41 that a security may be taken for his appearance or appears or is brought before the Syariah Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Syariah Court to give bail, such person -
(0) shall, if the case is one in which bail is obligatory, be entitled subject to the provisions of this Chapter to be admitted to bail by any
Religious Enforcement Oficer, police officer not below the rank of
Inspector or by the Syariah Court; and
(b) may, if the case is one in which bail is discretionary, be admitted to bail in the discretion of such Syariah Court or any
Religious Enforcement Officer or police officer not below the rank of
Inspector:
Provided that it shall be lawful for any such officer in exercising this discretion to have regard to any instruction in connection therewith which may be issued by the Chief Syar'ie Prosecutor for the guidance of the
Religious Enforcement Officers or police officers:
Provided further that such officer or Syariah Court may instead of taking bail from such person. release him on his executing a bond without sureties for his appearance as is hereinafter provided.
(2) Notwithstanding anything contained in subsection (1). the
Syariah High Court may, in any case direct that any person be admitted to bail irrespective of the offence of which he is accused, except a person accused of an offence punishable with death or life imprisonment.
•

Syriah Courts
Criminal Procedure Code
CAP. 224 177
•
(3) Any Syariah Court may at any subsequent stage of any proceedings under this Code -
(a) cause any person who has been released under this section to be arrested and may commit him to custody: or
(b) direct that any bail required by any Religious Enforcement
Officer, police officer or any Syariah Subordinate Court be reduced or increased:
Provided that the Syariah Appeal Court may exercise the powers conferred as if the words "Syariah Subordinate" in paragraph (b) had been deleted.
(4) Where any Religious Enforcement Officer or police officer exercises the power of granting bail under this section. he shall immediately make a report of the details of the bail allowed to a Syariah Subordinate
Court Judge.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 324Duty and discretion to admit bail

(1)

When any person other than a person accused of an offence punishable with hadd, qisus, death, imprisonment for life or with imprisonment for 15 years or more is arrested or detained without warrant by a Religious Enforcement Officer or police officer or on a warrant under which there is no indorsement under section 41 that a security may be taken for his appearance or appears or is brought before the Syariah Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Syariah Court to give bail, such person -

(0)

shall, if the case is one in which bail is obligatory, be entitled subject to the provisions of this Chapter to be admitted to bail by any

Religious Enforcement Oficer, police officer not below the rank of

Inspector or by the Syariah Court; and

(b)

may, if the case is one in which bail is discretionary, be admitted to bail in the discretion of such Syariah Court or any

Religious Enforcement Officer or police officer not below the rank of

Inspector:

Provided that it shall be lawful for any such officer in exercising this discretion to have regard to any instruction in connection therewith which may be issued by the Chief Syar'ie Prosecutor for the guidance of the

Religious Enforcement Officers or police officers:

Provided further that such officer or Syariah Court may instead of taking bail from such person. release him on his executing a bond without sureties for his appearance as is hereinafter provided.

(2)

Notwithstanding anything contained in subsection (1). the

Syariah High Court may, in any case direct that any person be admitted to bail irrespective of the offence of which he is accused, except a person accused of an offence punishable with death or life imprisonment.

•

Syriah Courts

Criminal Procedure Code

CAP. 224 177

•

(3)

Any Syariah Court may at any subsequent stage of any proceedings under this Code -

(a)

cause any person who has been released under this section to be arrested and may commit him to custody: or

(b)

direct that any bail required by any Religious Enforcement

Officer, police officer or any Syariah Subordinate Court be reduced or increased:

Provided that the Syariah Appeal Court may exercise the powers conferred as if the words "Syariah Subordinate" in paragraph (b) had been deleted.

(4)

Where any Religious Enforcement Officer or police officer exercises the power of granting bail under this section. he shall immediately make a report of the details of the bail allowed to a Syariah Subordinate

Court Judge.