Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter 11
249. Judgment of appeal for offences punishable with death and certain other offences
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding any provision in any other written law, for the purposes of an appeal in respect of offences of qatlul- 'amd, hirabah, rina.
zina-bil-jubar, liwat or irtidad punishable with death and of other offences as the Chief Syar'ie Judge may prescribe, the Syariah Appeal Court shall consist of five members to form a panel of Judges as follows -
Chief Syar'ie Judge
"Chief Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act; Syariah Courts 26 Criminal Procedure Code "Chief Syar'ie Prosecutor'' has the same meaning assigned to it under the Syariah Courts Act; e
the Chief Syar'ie Judge as the chairman; and
at least -
two Syariah Appeal Court Judges; and
one Muslim who is -
Syuriah Cozrrts
Criminal Procedure Code
CAP. 224 141
a Judge of the Supreme Court:
a retired Judge of the Supreme Court; or
a suitable and qualified person to be appointed as a
Judge of the Supreme Court.
An appeal under subsection (1) shall be determined in accordance with a unai~imous decision of the members of the Syariah Appeal
Court.
When a unanimous decision as to the guilt of the accused fails to be reached, the accused shall not be sentenced for that offence but may, if a majority of the members of the Syariah Appeal Court agree, be sentenced for any other offence and the Syariah Appeal Court shall pass such sentence if there is sufficient evidence for that purpose.
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
Chief Syar'ie Judge
Defined · s 2"Chief Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act; Syariah Courts 26 Criminal Procedure Code "Chief Syar'ie Prosecutor'' has the same meaning assigned to it under the Syariah Courts Act; e
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
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;
Part
Special Proceedings
Chapter IX
Part