This presentation is about section 96 of Syariah Criminal Procedure (Fed. Territories) Act, (Malaysia) under the course of Evidence and procedure of shariah court ii

1. Section 96
SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES)
ACT 1997
Evidence and Procedure of Shariah Court II
(SHA 4011)
Prepared by Ikram Abdul Sattar
1124977

2. Question.
Discuss the procedures to be followed if:
1. the accused plead guilty
2. the accused does not plead guilty

3. Section 96 of SCP
• The following procedure shall be observed by Judges
in trials:
(a) when the accused is brought before the Court, a
charge containing the particulars of the offence of
which he is accused shall be framed, read and
explained to him,
and he shall be asked whether he is guilty of the
offence charged
or claims to be tried;

4. 1- If the accused pleads guilty to a charge:
(b) Before a plea of guilty is recorded, the Court
shall ascertain that the accused understands the
nature and consequences of his plea and intends
to admit, without qualification, the offence
alleged against him.
• This principle is originated in the case of Mai’z,
where Mai’z pleaded guilty of adultery the
prophet (SAW) ascertained that he really
understand the nature and consequences of his
plea.

5. • The facts of the case will be read and
explained to the accused and the court will
ask him whether he agree with the facts of
not.
• If he did not agree with the facts his plea of
guilty will be rejected.

6. Mitigating Factor: plea of guilty does not it self a
mitigating factor.
Case: Pendakwa Syarei Vs Jaafar bin Sudin dan
Seorang Lagi
• When both the accused pleaded guilty to the
charge the judge acquitted the two accused.
• Syriah High Court ordered for retail and held that
the learned judge has no power to free people
who are accused without hearing their case
against the prosecutor and witnesses presented.

7. Case: Rusidah binte Abdul Ghani Vs Pendakwa Jabatan Agama
Islam, Wilayah Persekutuan
• The accused pleaded guilty to charges of Khalawat .
• Prosecutor urged the court to impose a heavy
punishment on the ground that she was a prostitute ,
the Syariah Subordinate Court judge sentenced her to a
fine of RM400.00 and 2 months imprisonment.
• The accused appealed against the sentence. The
accused said that she had ceased to be a prostitute and
now she is taking care of her children and she had
repented.
• Syariah High Court held that the prison sentence should
be set aside and only fine was upheld.

8. (2) If the accused refuses to plead or does
not plead.
• (c) The Court shall proceed with the trail to
hear the complainant and to take all such
evidence as may be produced in support of
the prosecution;
• (e) the accused is allowed to cross-examine all
the witnesses.

9. No prima facie case
• (f) if the Court finds that there is no prima facie case the
Court record an order of acquittal;
• Pendakwa Syarei Vs Mohd Sabu & Norma (1995) 11 JH 61,
• The Court held that the prosecution had failed to prove a
prima facie case. When there is no prima facie case, the
accused persons must be returned to their original
condition.
(g) The Court may discharge the accused at any previous
stage of the case if the Court considers the charge to be
groundless.

10. Case against the accused
• (j) if the accused does not plead guilty to the charge
the accused shall be called upon to enter his defence
and to produce his evidence,
• and at any time while he is making his defence be
allowed to recall and crossexamine any witness;
• (l) The accused apply to the Court to issue a summons
for compelling the attendance of any witness or
production of any document or other thing, the Court
shall issue a summons unless;
– such application should be refused on the ground that it is
made for the purpose of vexation or
– delay or
– for defeating the ends of justice;

11. • (m)
– (i) if the Court finds the accused not guilty, the
Court shall record an order of of acquittal;
– (ii) if the Court finds the accused guilty or if a plea of
guilty has been recorded and accepted, the Court
shall pass sentence according to the law;
• (n) If the complainant failed to attend the hearing
of the case on the fixed day,
– the Court may, in its discretion, notwithstanding
anything contained in this section, discharge the
accused.