Syariah Courts Criminal Procedure Code · s 123

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123.
Procedure in trial
The following procedure shall be observed by a Syar7ie Judge in a trial -
(a) when the accused appears or is brought before the Syariah
Court, a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him, and he shall be asked whether he wishes to make an ikrar of guilt of the offence charged or claims to be tried;
(b) if the accused chooses to make an ikrar of guilt to a charge, whether on the original charge or as amended, the ikrar of guilt shall be recorded and he may be convicted of such offence:
Provided that before an ikrar of guilt is recorded, the Syariah Court may hear the evidence of the complainant and such other evidence as it thinks necessary and shall ascertain that the accused understands the nature and consequences of his ikrar of guilt and he intends to admit, without qualification, the offence alleged against him:
(c) if the accused refuses to make an ikrar of guilt or does not plead or claims to be tried. the Syariah Court shall hear the complainant. if any, and to take all such evidence as may be produced in support of the prosecution;
(d) when the Syariah Court thinks it necessary, it shall obtain from the complainant or otherwise the names of any person likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon to give evidence before itself such of them as the Syariah Court thinks necessary;
(e) the accused or his Syar'ie Lawyer shall be allowed to cross-examine all the witnesses for the prosecution;
If) the Syariah Court may, on behalf of the accused or prosecution or of its own motion, put such question to any witness as it thinks necessary;

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(g) if, on taking all the evidence referred to in paragraphs (c)
to (fl, the Syariah Court finds that no case against the accused has been made out which, if rebutted. would warrant his conviction, the
Syariah Court shall record an order of acquittal;
(h) nothing in paragraph (g) is deemed to prevent the Syariah
Court from discharging the accused at any previous stage of the case if the Syariah Court considers that the charge is groundless and the
Syariah Court shall record its reasons for so considering;
(i) if, when such evidence has been taken, the Syariah Court is of the opinion that there are grounds for presuming that the accused has committed the offence charged or other offence which such
Syariah Court is competent to try and which in its opinion it ought to try, it shall consider the charge recorded against the accused and decide whether the charge is sufficient and, if necessary, shall amend the charge;
0) the charge, if amended, shall be read to the accused as amended and he shall be again asked whether he wishes to make an ikrar of guilt or has any defence to make;
(k) if the accused does not make an ikrar of guilt to the charge as amended or if no amendment is made, the accused shall be called upon to enter on his defence and to produce his evidence and the
Syariah Court shall explain to the accused the provisions of section 132 or may proceed in accordance with section 107;
(I)
if the accused elects to give evidence, his evidence shall ordinarily be taken before that of other witnesses for the defence;
(m) the prosecutor conducting the prosecution shall be allowed to cross-examine all the witnesses for the defence, and the accused may, if necessary. re-examine them;
(n) at any time when he is making his defence, the accused may be allowed to call and cross-examine any witness present in Syariah
Court or its precincts;
(0) an accused person who elects to give evidence may be cross-examined on behalf of any other accused person;

Syariah Courts
Criminal Procedure Code
CAP. 224 85
(p) if the accused puts ill any written statement. the Syariah
Court shall file it with the record;
(q) if the accused applies to the Syariah Court to issue a summons for compelling the attendance of any witness. whether he has or has not been examined in the case, for the purpose of examination or cross-examination or the production of any document or other thing. the Syariah Court shall issue a summons unless it considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. Such ground shall be recorded by it in writing;
(r) the Syariah Court may at any time adjourn the hearing of the case if satisfied that the adjournment is in the interests of justice;
(s) if the Syariah Court finds the accused not guilty. the Syariah
Court shall record an order of acquittal;
(t) if the Syariah Court finds the accused guilty or if an ikrur of guilt has been recorded and accepted, the Syariah Court shall pass sentence in accordance with the law;
(u) if an accused is convicted, the Syariah Court may be notified of his previous convictions;
( I  the Syariah Court shall give consideration to any plea for leniency when sentence is passed except for offences punishable with hadd or qisas;
(~$9 when the proceedings have been instituted on the complaint of a person taking yamin under section 94 and on any day fixed for hearing of the case the con~plainant is absent, the Syariah Court may, in its discretion, notwithstanding anything contained in this section, discharge the accused at any time before calling on him to enter on his defence.

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s 123Procedure in trial

The following procedure shall be observed by a Syar7ie Judge in a trial -

(a)

when the accused appears or is brought before the Syariah

Court, a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him, and he shall be asked whether he wishes to make an ikrar of guilt of the offence charged or claims to be tried;

(b)

if the accused chooses to make an ikrar of guilt to a charge, whether on the original charge or as amended, the ikrar of guilt shall be recorded and he may be convicted of such offence:

Provided that before an ikrar of guilt is recorded, the Syariah Court may hear the evidence of the complainant and such other evidence as it thinks necessary and shall ascertain that the accused understands the nature and consequences of his ikrar of guilt and he intends to admit, without qualification, the offence alleged against him:

(c)

if the accused refuses to make an ikrar of guilt or does not plead or claims to be tried. the Syariah Court shall hear the complainant. if any, and to take all such evidence as may be produced in support of the prosecution;

(d)

when the Syariah Court thinks it necessary, it shall obtain from the complainant or otherwise the names of any person likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon to give evidence before itself such of them as the Syariah Court thinks necessary;

(e)

the accused or his Syar'ie Lawyer shall be allowed to cross-examine all the witnesses for the prosecution;

If) the Syariah Court may, on behalf of the accused or prosecution or of its own motion, put such question to any witness as it thinks necessary;

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(g)

if, on taking all the evidence referred to in paragraphs (c)

to (fl, the Syariah Court finds that no case against the accused has been made out which, if rebutted. would warrant his conviction, the

Syariah Court shall record an order of acquittal;

(h)

nothing in paragraph (g) is deemed to prevent the Syariah

Court from discharging the accused at any previous stage of the case if the Syariah Court considers that the charge is groundless and the

Syariah Court shall record its reasons for so considering;

(i)

if, when such evidence has been taken, the Syariah Court is of the opinion that there are grounds for presuming that the accused has committed the offence charged or other offence which such

Syariah Court is competent to try and which in its opinion it ought to try, it shall consider the charge recorded against the accused and decide whether the charge is sufficient and, if necessary, shall amend the charge;

0) the charge, if amended, shall be read to the accused as amended and he shall be again asked whether he wishes to make an ikrar of guilt or has any defence to make;

(k)

if the accused does not make an ikrar of guilt to the charge as amended or if no amendment is made, the accused shall be called upon to enter on his defence and to produce his evidence and the

Syariah Court shall explain to the accused the provisions of section 132 or may proceed in accordance with section 107;

(I)

if the accused elects to give evidence, his evidence shall ordinarily be taken before that of other witnesses for the defence;

(m)

the prosecutor conducting the prosecution shall be allowed to cross-examine all the witnesses for the defence, and the accused may, if necessary. re-examine them;

(n)

at any time when he is making his defence, the accused may be allowed to call and cross-examine any witness present in Syariah

Court or its precincts;

(0)

an accused person who elects to give evidence may be cross-examined on behalf of any other accused person;

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Criminal Procedure Code

CAP. 224 85

(p)

if the accused puts ill any written statement. the Syariah

Court shall file it with the record;

(q)

if the accused applies to the Syariah Court to issue a summons for compelling the attendance of any witness. whether he has or has not been examined in the case, for the purpose of examination or cross-examination or the production of any document or other thing. the Syariah Court shall issue a summons unless it considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. Such ground shall be recorded by it in writing;

(r)

the Syariah Court may at any time adjourn the hearing of the case if satisfied that the adjournment is in the interests of justice;

(s)

if the Syariah Court finds the accused not guilty. the Syariah

Court shall record an order of acquittal;

(t)

if the Syariah Court finds the accused guilty or if an ikrur of guilt has been recorded and accepted, the Syariah Court shall pass sentence in accordance with the law;

(u)

if an accused is convicted, the Syariah Court may be notified of his previous convictions;

( I the Syariah Court shall give consideration to any plea for leniency when sentence is passed except for offences punishable with hadd or qisas;

(~$9 when the proceedings have been instituted on the complaint of a person taking yamin under section 94 and on any day fixed for hearing of the case the con~plainant is absent, the Syariah Court may, in its discretion, notwithstanding anything contained in this section, discharge the accused at any time before calling on him to enter on his defence.