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In force2021 Revised Edition
Contents

Part · Special Proceedings

311. Order for detention

(1)

When a special finding under section 3 10 is made by any Syariah

Subordinate Court, it shall report the case for the order of a Syariah High

Court Judge and shall meanwhile order the person in respect of whom it has made such a finding to be kept in custody in any prison or in such place and in such manner as the Syariah Subordinate Court shall direct.

(2)

If the Syariah High Court Judge is satisfied with such special finding, he shall order that such person be confined in a prison or suitable place of safe custody pending the direction of the Permanent Secretary under subsection (5).

(3)

If, after such inquiry as he considers necessary, the Syariah High

Court Judge is not satisfied with such special finding, he may make further inquiry or direct that further inquiry be made or order a new trial on the same or an amended charge with such direction to the Syariah Subordinate Court as he shall think fit.

(4)

When a special finding under section 3 10 is made by the Syariah

High Court. it shall report the case to the Permanent Secretary and direct the person in respect of whom it has made such finding to be confined in a prison or suitable place of safe custody pending the direction of the Permanent

Secretary under subsection (5).

(5)

Where any case has been reported to the Permanent Secretary under subsection (2) or (4), the Permanent Secretary shall direct the person in respect of whom a special finding has been made to be confined in a prison or suitable place of safe custody during the pleasure of His Majesty the

Sultan and Yang Di-Pertuan.

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