Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Special Proceedings
335. When witness not required to attend
Official textFrom Attorney General's Chambers, unchanged
Except in offences punishable with hadd, qisas. death or other sentences as prescribed by the Chief Syar'ie Judge, any document purporting to be a report under the hand of any person mentioned in subsection (2) on any person, matter or thing examined or analysed by him may be given in evidence in any inquiry. trial or other proceeding under this Code unless such person shall be required to attend as a witness by -
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 Syariah Court; or
the accused, in w-hicli case the accused shall give notice to the Syar'ie Prosecutor not less than 7 clear days before the commencement of the trial:
Provided that in any case in which the Syar'ie Prosecutor intends to give in evidence any such report, he shall deliver a copy of the report to the accused not less than 14 clear days before the commencement of the trial, unless the Syariah Court otherwise allows.
The following are persons to whom the provision of subsection (1) applies -
medical officers of the Government of His Majesty the
Sultan and Yang Di-Pertuan or those recognised by the Government of His Majesty the Sultan and Yang Di-Pertuan. Malaysia or
Singapore;
any person recognised in analytical work by the Government of His Majesty the Sultan and Yang Di-Pertuan, Malaysia or
Singapore;
any chemist recognised by the Government of His Majesty the Sultan and Yang Di-Pertuan, Malaysia or Singapore;
any person recognised as a document examiner by the
Government of His Majesty the Sultan and Yang Di-Pertuaii,
Malaysia or Singapore;
any inspector of weights and measure duly appointed under the provisions of any other written law;
Syariah Courts 182 CAP.
Criminal Procedure Code
If) Registrar of Criminals appointed under the Criminals
Registration Act (Chapter 202);
a
any person declared by the Chief Syar'ie Judge, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to whom this section may apply.
Persons referred to in subsection (2) shall by this Code be bound to state the truth in reports made under their hands.
A report under this section is qarinah.
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
inquiry
Defined · s 2"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
Registrar
Defined · s 2"Registrar" means the Chief Registrar of the Syariah Appeal Court, the Deputy Chief Registrar of the Syariah Appeal Court, the Registrars of the Syariah High Court or the Assistant Registrars of the Syariah Subordinate Courts, as the case may be, appointed under section 13 of the Syariah Courts Act; Syariah Courts 28 Cyriminal Procedure Code