Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Special Proceedings
308. Release of person of unsound mind pending investigation or trial
Official textFrom Attorney General's Chambers, unchanged
Whenever an accused person is found to be of unsound mind and incapable of making his defence the Syariah Court may. if the offence charged is bailable. in its discretion release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Syariah Court or such officer as the Syariah Court appoints in that behalf or -
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
in the case of a Syariah Subordinate Court, remand him to a prison or suitable place of safe custody and refer the case to a Syariah
High Court Judge who may -
release him on security being given as provided in this subsection;
make further inquiry or direct that further inquiry be made; or
order him to be confined in a prison or suitable place of safe custody and report the case to the Permanent
Secretary;
in the case of the Syariah High Court. order him to be confined in a prison or hospital or other suitable place of safe custody and report the case to the Permanent Secretary but without prejudice to the provision of section 3 13.
•
If the offence charged is non-bailable, the Syariah Court -
in the case of a Syariah Subordinate Court, shall remand the accused person to a prison or other suitable place of safe custody and refer the case to a Syariah High Court Judge who may -
release him on security being given as provided in a subsection (1);
Sj~ariah Courts
Crin~inaI Procedure Code
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make further inquiry or direct that further inquiry be made; or
order him to be confined in a prison or suitable place of safe custody and report the case to the Permanent
Secretary;
in the case of the Syariah High Court -
release him on security being given as provided in subsection (1); or
order him to be confined in a prison or other suitable place of safe custody and report the case to the
Permanent Secretary.
Subject to subsection (4), where any case is reported to the
Permanent Secretary under subsection (1) or (2), the Permanent Secretary shall direct the accused person to be confined in a prison or suitable place of safe custody during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.
Permanent Secretary
"Permanent Secretary" means the Permanent Secretary to the Office of the Prime Minister;
Where a case reported to the Permanent Secretary under subsection (1) or (2) involves any yatl offence, the Permanent Secretary shall direct the accused person to be confined in prison or suitable place of safe custody until any wali-ad-dam of the victim desires for him to be released.
taking into consideration the consequences of such release.
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
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;
Permanent Secretary
Defined · s 2"Permanent Secretary" means the Permanent Secretary to the Office of the Prime Minister;
wali-ad-dam
Defined · s 2"wali-ad-dam" has the same meaning assigned to it under the Syariah Penal Code Order, 20 13 (S 69/20 13);