Malaysia legislation

Section 108

of *SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997

Section 108

Whenever any Judge, after having heard and recorded the whole or any part of the evidence in a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge who has and who exercises such jurisdiction, the Judge so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the trial:

(a)

in any trial the accused may, when the second Judge commences his proceedings, demand that the witnesses or any of them be re-summoned and re-heard;

(b)

the appropriate appeal Court may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Judge before whom the conviction was had, if such Court is of the opinion that the accused has been materially prejudiced thereby, and may order a new trial.

Detention of offenders attending in Court

Section 108 — SYARIAH CRIMINAL PROCEDURE (FEDERAL TERRITORIES) ACT 1997