Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Special Proceedings
311. Order for detention
Official textFrom Attorney General's Chambers, unchanged
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.
Judge
"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;
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).
If, after such inquiry as he considers necessary, the Syariah High
inquiry
"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
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.
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
Permanent Secretary
"Permanent Secretary" means the Permanent Secretary to the Office of the Prime Minister;
Secretary under subsection (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.
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;
Permanent Secretary
Defined · s 2"Permanent Secretary" means the Permanent Secretary to the Office of the Prime Minister;