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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

(1)

In proceedings for an offence under section 104(3) or (5) of the

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.

(2)

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.

Syuriah Courts

Criminal Procedure Code

CAP. 224 57

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

Evidence of the alcohol in a specimen of breath or blood under this section is qarinah.

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