Syariah Courts Criminal Procedure Code · s 270
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Open the official texts 270Court on grounds of public interest
When an appeal from a decision of a Syariah Subordinate Court in a criminal matter has been decided by the Syariah High Court, the Syariah
Appeal Court may, on the application of any party to the appeal, grant leave for the decision by itself of any question of law of public interest which has arisen and the determination of which by the Syariah High Court has affected the outcome of the appeal.
An application for leave under this section shall be made within 30 days, or such longer time as the Syariah Appeal Court may permit, of the decision of the appeal to which it relates and, in the case of an application by the Chief Syar'ie Prosecutor, shall be made by or with the consent in writing of that officer only.
When leave has been granted by the Syariah Appeal Court under this section, the Syariah High court may make such orders-as it may see fit
Syuriah Courts 152 CAP.224
Criminal Procedure Code for the arrest, custody or release on bail of any party to the appeal and the
Registrar of the Syariah High Court shall forward the record of the proceedings in the Syariah High Court to the Chief Registrar of the Syariah
Appeal Court who shall thereupon appoint and notify to the parties to the appeal the time and place for the hearing of the matter.
When leave has been granted by the Syariah Appeal Court, it shall hear and decide the question allowed to be referred for its decision and make such orders as the Syariah High Court might have made as it may consider just for the disposal of the appeal.
For the purpose of this section but without prejudice to the generality of its provisions -
any question of law regarding which there is a conflict of judicial authority is deemed to be a question of public interest; and
the exercise by the Syariah High Court of any power of revision under this Code is deemed to be an appeal from a decision of a Syariah Subordinate Court.