255. Supplementary provisions as to retrial

(1)

A person who is to be retried for an offence in pursuance of an order under section 254 shall be tried on a fresh charge preferred by the

Chief Syar'ie Prosecutor before the Syariah High Court.

(2)

The Syariah Appeal Court may, on ordering a retrial, make such orders as appear to it to be necessary or expedient -

Syariah Courts 144 CAP.

Cri~ninul Procedure Code

(a)

for the detention in custody or admission to bail of the person ordered to be retried pending his retrial; or

(b/ for the retention pending retrial of any property or money forfeited. restored or howsoever paid by virtue of the original conviction or acquittal or any order made on that conviction or acquittal.

(3)

If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order made under Chapter I1 of Part 7 -

(a)

that order shall continue in force pending the retrial as if the appeal had not been allowed; and

(b)

any order made by the Syariah Appeal Court under this section for his detention in custody or admission to bail shall have effect subject to the order.

Report

Read on from s 256

Part

Special Proceedings

Read on from Part

Chapter IX

Read on from Chapter IX

Part

General