Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
73. Evidence in proceedings for offences under section 104 of S 6912013
Official textFrom Attorney General's Chambers, unchanged
In proceedings for an offence under section 104(3) or (5) of the
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Syariah Penal Code Order, 201 3 (S 691201 3), proof of alcohol in a specimen of breath or blood, as the case may be, provided by the accused shall be taken into account.
Proof of alcohol in a specimen of breath may be given by the production of a document or documents purporting to be either a statement automatically produced by the breath-analyser or other device and a certificate signed by a Religious Enforcement Officer or police oficer to the effect that the statement relates to a specimen provided by the accused at the date and time shown in the statement.
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Syuriah Courts
Criminal Procedure Code
CAP. 224 57
Proof of alcohol in a specimen of blood may be given by the production of a document purporting to be a certificate signed by an authorised analyst that alcohol found in a specimen of blood identified in the certificate.
A document purporting to be such a statement or certificate. or both, as is mentioned in subsection (2) or (3) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it has been handed to the accused when the document was produced or has been served on him not later than 7 days before the hearing.
A document purporting to be a certificate is not so admissible if the accused. not later than 3 days before the hearing or within such further time as the Syariah Court may in special circumstances allow. has served notice on the prosecution requiring the attendance at the hearing of the person by whom the docun~ent purports to be signed.
A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.
Evidence of the alcohol in a specimen of breath or blood under this section is qarinah.
Terms defined in s 2
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;
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
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Proceedings in Prosecution
Chapter II
Chapter IIL
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Chapter X
Chapter XI
Chapter XII
Chapter XIII
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Appeal and Revision
Chapter 11
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Special Proceedings
Chapter IX
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