Syariah Courts Criminal Procedure Code · s 214

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)

214.
Procedure for appeal
(1) An appeal or an application for leave to appeal under sectioii 2 13
shall be made by filing, within 14 days from the time of such judgment.
conviction. acquittal, sentence or order being passed or made, a notice of appeal with the Assistant Registrar of such Syariah Subordinate Court addressed to the Syariah High Court and by paying the prescribed fee.
(2) The Syariah High Court. on hearing any application for leave to appeal may, on special grounds. extend the period of appeal. notwithstanding that the time has expired.
(3) Every notice of appeal shall contain an address at which any notice or document connected with the appeal inay be served on the appellant or on his Syar'ie Lawyer and shall be signed by the appellant or his
S yar 'ie Lawyer.
(4) When a notice of appeal has been filed, the Syariah Court appealed from shall make a certified copy of the grounds of decision in the case and cause the same to be served on the appellant or his Syar'ie Lawyer by leaving the copy at the address mentioned in the notice of appeal or by posting it by registered post addressed to the appellant at the address.
(5) Within 14 days of the copy of the grounds of decision has been served as provided in subsection (4), the appellant shall file a petition of appeal with the Assistant Registrar of the Syariah Subordinate Court at which the trial was held addressed to the Syariah High Court.
(6) If the appellant within the period provided in subsection (1) for filing his notice of appeal has applied for a copy of the notes of the evidence recorded by the Syar'ie Judge at his trial? he shall file his petition of appeal as provided in subsection (5) -

Syuriah Courts 128 CAP.
Criminul Procedure Code
(a) within the period provided by such subsection; or
(b) within a period of 14 days from the date when a notice is left at his address for service specified in subsection (3) that a copy of the notes of evidence can be had free of charge.
whichever period shall be the longer.
(7) Every petition of appeal shall state briefly the substance of the judgment appealed against, and shall contain definite particulars of the points of law or fact in respect of which the Court appealed from is alleged to have erred.
(8) (a) If the appellant is in prison, he is deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison a notice of appeal either orally or in writing and the particulars required to be included in the petition of appeal within the period prescribed by this section and pays the prescribed fee.
(b) Such officer shall forthwith forward such notice and petition or the purport thereof together with the prescribed fee to the Assistant
Registrar of the Syariah Subordinate Court at which the trial was held.
(9) If a petition of appeal is not filed within the period prescribed by this section. the appeal is deemed to have been withdrawn and the trial court shall enforce its sentence or order if any stay of execution has been granted.
but nothing contained in this subsection is deemed to limit or restrict the powers conferred on a Syar'ie Judge by section 21 7.
(10) No fee shall be payable when the appeal is made by a Syar'ie
Prosecutor.

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 214Procedure for appeal

(1)

An appeal or an application for leave to appeal under sectioii 2 13

shall be made by filing, within 14 days from the time of such judgment.

conviction. acquittal, sentence or order being passed or made, a notice of appeal with the Assistant Registrar of such Syariah Subordinate Court addressed to the Syariah High Court and by paying the prescribed fee.

(2)

The Syariah High Court. on hearing any application for leave to appeal may, on special grounds. extend the period of appeal. notwithstanding that the time has expired.

(3)

Every notice of appeal shall contain an address at which any notice or document connected with the appeal inay be served on the appellant or on his Syar'ie Lawyer and shall be signed by the appellant or his

S yar 'ie Lawyer.

(4)

When a notice of appeal has been filed, the Syariah Court appealed from shall make a certified copy of the grounds of decision in the case and cause the same to be served on the appellant or his Syar'ie Lawyer by leaving the copy at the address mentioned in the notice of appeal or by posting it by registered post addressed to the appellant at the address.

(5)

Within 14 days of the copy of the grounds of decision has been served as provided in subsection (4), the appellant shall file a petition of appeal with the Assistant Registrar of the Syariah Subordinate Court at which the trial was held addressed to the Syariah High Court.

(6)

If the appellant within the period provided in subsection (1) for filing his notice of appeal has applied for a copy of the notes of the evidence recorded by the Syar'ie Judge at his trial? he shall file his petition of appeal as provided in subsection (5) -

Syuriah Courts 128 CAP.

Criminul Procedure Code

(a)

within the period provided by such subsection; or

(b)

within a period of 14 days from the date when a notice is left at his address for service specified in subsection (3) that a copy of the notes of evidence can be had free of charge.

whichever period shall be the longer.

(7)

Every petition of appeal shall state briefly the substance of the judgment appealed against, and shall contain definite particulars of the points of law or fact in respect of which the Court appealed from is alleged to have erred.

(8)

(a)

If the appellant is in prison, he is deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison a notice of appeal either orally or in writing and the particulars required to be included in the petition of appeal within the period prescribed by this section and pays the prescribed fee.

(b)

Such officer shall forthwith forward such notice and petition or the purport thereof together with the prescribed fee to the Assistant

Registrar of the Syariah Subordinate Court at which the trial was held.

(9)

If a petition of appeal is not filed within the period prescribed by this section. the appeal is deemed to have been withdrawn and the trial court shall enforce its sentence or order if any stay of execution has been granted.

but nothing contained in this subsection is deemed to limit or restrict the powers conferred on a Syar'ie Judge by section 21 7.

(10)

No fee shall be payable when the appeal is made by a Syar'ie

Prosecutor.