Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter VI
135. Change of Syar'ie Judge during inquiry or trial
Official textFrom Attorney General's Chambers, unchanged
When any Syar'ie Judge, after having heard and recorded the whole or any part of the evidence in an inquiry or trial. ceases to exercise jurisdiction therein and is succeeded by another Syar'ie Judge who has and who exercises such jurisdiction, the Syar'ie Judge so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by himself, or he may re-summon the witnesses and recommence the inquiry or trial:
Syar'ie Judge
"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
Provided that -
in any inquiry or trial, when the second Syar'ie Judge commences his proceedings, the accused may demand that the witnesses or any of them be re-summoned and heard;
the Syariah Appeal Court or Syariah High Court, as the case may be, may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Syar'ie Judge before whom the conviction was had, if such Syariah Court is of opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial.
Notwitstailding subsection (1). in an offence punishable with hadd, qisas, diyat or arsy. where there is a change of Syar'ie Judge during an inquiry or trial, the Syar'ie Judge succeeding the previous Syar'ie Judge shall re-summon the witnesses and recommence the inquiry or trial.
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Terms defined in s 2
arsy
Defined · s 2"arsy " has the same meaning assigned to it under section 12 1 of the Syariah Penal Code Order, 201 3 (S 691201 3);
inquiry
Defined · s 2"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Syar'ie Judge
Defined · s 2"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
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