Syariah Courts Criminal Procedure Code · s 286

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286.
Reservation by Syariah High Court Judge
(1) A Syariah High Court Judge may reserve for the consideration of the Syariah Appeal Court any question of law which may arise on the trial of any charge.
(2) In exercising his power under subsection (I), the Syariah High
Court Judge may act either of his own motion or on the application of the
Chief S y ari' e Prosecutor or defence.
(3) A Syariah High Court Judge may, if he reserves a question of law under subsection (1) and the accused person has been convicted -
(a) postpone judgment until the question has been considered and decided; and
B.L.R.O. 1;2021

Syariah Courts 158 CAP.
Criminal Procedure Code
(b) commit the person convicted to prison or admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the
Syariah High Court Judge may direct and receive judgment.
(4) On consideration of a question reserved under subsection (1). the
Syariah Appeal Court may -
(a) affirm or quash the conviction or order a new trial: and
(b) make such other orders as may be necessary to give effect to its decision.
(5) The Syariah Appeal Court may affirm the conviction if it considers that no miscarriage of justice has actually occurred.

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s 286Reservation by Syariah High Court Judge

(1)

A Syariah High Court Judge may reserve for the consideration of the Syariah Appeal Court any question of law which may arise on the trial of any charge.

(2)

In exercising his power under subsection (I), the Syariah High

Court Judge may act either of his own motion or on the application of the

Chief S y ari' e Prosecutor or defence.

(3)

A Syariah High Court Judge may, if he reserves a question of law under subsection (1) and the accused person has been convicted -

(a)

postpone judgment until the question has been considered and decided; and

B.L.R.O. 1;2021

Syariah Courts 158 CAP.

Criminal Procedure Code

(b)

commit the person convicted to prison or admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the

Syariah High Court Judge may direct and receive judgment.

(4)

On consideration of a question reserved under subsection (1). the

Syariah Appeal Court may -

(a)

affirm or quash the conviction or order a new trial: and

(b)

make such other orders as may be necessary to give effect to its decision.

(5)

The Syariah Appeal Court may affirm the conviction if it considers that no miscarriage of justice has actually occurred.