Malaysia legislation
Section 37
Section 37
Review by High Court
(2)
Where the Public Prosecutor desires to make such an application, he shall, at the time of the making of the order of discharge by the Sessions Court, give to the Court notice of his intention to apply to the High Court for a review of the order, and such notice shall operate as a stay of the order of discharge by the
Sessions Court—
(a)
until the expiration of the period of ten days, beginning with the day on which the order of discharge was made;
or
(b)
if an application for a review of the order of discharge is made, until the determination of the application by the
High Court.
(3)
Where the Public Prosecutor gives notice of his intention to apply for a review of the order of the Sessions Court, the Court may grant, to the fugitive criminal in respect of whom the order of discharge was made, bail pending the determination by the High
Court of the application.
(4)
Upon application for a review of the order of discharge, the
Sessions Court Judge shall transmit to the High Court the exhibits tendered before him, the evidence admitted in Court, the reasons for his decision and his finding on any question of law which arose during the inquiry.
(5)
The High Court to which an application is made for a review of an order of discharge may order the release on bail of the fugitive criminal on such terms and conditions as the Court thinks fit pending determination of the application for review.
(6)
The High Court may confirm, vary or quash the order or make a new order in substitution for the order so quashed, and any such order of the High Court shall be final and conclusive.