Criminal Procedure Code · Updated to 1 May 2023 · Chapter XVI · Commencement of Proceedings Before a Magistrate’S Court
137. Personal attendance of accused may be dispensed with
Feedback & supportWhenever a Magistrate issues a summons, he may, at his discretion, by indorsement thereon or footnote thereto, dispense, subject to such conditions as he may deem fit to impose, with the personal attendance of the accused and permit him to appear by advocate.
advocate
“advocate” has the meaning assigned by section 3 of the Interpretation Acts 1948 and 1967;
In any case relating to an offence punishable by fine only or by imprisonment only of a term not exceeding three months or by both fine and imprisonment not exceeding three months and in which a
offence
“offence” means any act or omission made punishable by any law for the time being in force;
Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may appear by advocate, or may by letter addressed to the Magistrate plead guilty and submit to pay any fine which may be imposed in respect of that offence
fine
“fine” includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being in force by any Court in Malaysia;
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and the Magistrate may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine.
In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the Magistrate shall inform the accused by letter sent by registered post to that address of the sentence imposed. Any fine so imposed shall be paid by the accused within seven days from the day on which the Magistrate’s letter was delivered at that address in the ordinary course of post.
The Magistrate inquiring into or trying the case may in his discretion at any stage of the proceedings direct the personal attendance of the accused, and if necessary enforce the attendance in the manner hereinbefore provided.
A sentence of imprisonment without the option of a fine shall not be pronounced in the absence of the accused but the Magistrate, if he intends to pass such a sentence, shall direct and enforce the personal attendance of the accused in accordance with subsection (4), and upon the attendance may, subject to subsection (6), pass sentence according to law.
Upon the accused appearing as aforesaid the Magistrate shall, if the accused desires to withdraw his plea of guilty and claim trial, and notwithstanding any order of conviction made in his absence, permit the accused to withdraw such plea and shall thereupon hear and determine the case and, if the accused is convicted, pass sentence according to law.
Nothing in this section contained shall affect the powers of the
Court conferred by paragraph 173(o).
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;