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Schedule

PERINTAH PENGUBAHSUAIAN UNDANG-UNDANG (ACARA JENAYAH)(SABAH DAN SARAWAK) 1976

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JADUAL PERTAMA

(Perkara 2)

PENGUBAHSUAIAN-PENGUBAHSUAIAN YANG HENDAK DIBUAT KEPADA KANUN ITU DALAM PEMAKAIANNYA BAGI SABAH DAN SARAWAK

Pengubahsuaian-pengubahsuaian kepada Bahagian II Bab II, iaitu seksyen 6 dan seksyen-seksyen baru 8A hingga 8H, adalah peruntukanperuntukan peralihan yang berkuatkuasa di Sabah dan Sarawak sehinggamula berkuatkuasanya Akta Mahkamah Rendah, 1948 (Akta 92) dalamNegeri-negeri itu, dan apabila berkuatkuasanya Akta itu peruntukanperuntukan peralihan itu hendaklah terhenti berkuatkuasa.

Seksyen

Ubahsuaian

6 ... ... ... Proviso yang berikut hendaklah ditambah di hujung seksyen itu:

"Provided that the Courts of Magistrates for the administration of criminal justice in Sabah and Sarawak shall be those constituted under the Subordinate Courts Ordinance (Cap.29) of Sabah and the Subordinate Courts Ordinance (Cap.42) of Sarawak."

8A hingga 8H

... Seksyen-seksyen yang berikut hendaklah dimasukka selepas sahaja seksyen 8:

"Classes of Criminal Courts.

8A. (i) The Courts, other than the High Court, for the administration of criminal justice in Sabah and Sarawak to which this Code applies shall be the following:

(a) Courts of Magistrates of the First Class;

(b) Courts of Magistrates of the Second Class;

(ii) Courts of Magistrates shall be constituted in accordance with the provisions of the Subordinate Courts Ordinance (Cap.29) of Sabah and the Subordinate Courts Ordinance (Cap. 42) of Sarawak.

(iii) A Magistrate may try any case which is triable by a Court of lower jurisdiction than the Court which could lawfully be constituted by that Magistrate; and when trying that case that Magistrate shall have all the powers which he would have been able to exercise if the case had been triable in the Court of that Magistrate and not in a Court of lower jurisdiction.

Ubahsuaian

8B. Subject to the other provisions of this Code, the jurisdiction of every Court in criminal matters shall extend—

(a) to offences committed within Sabah and Sarawak;

(b) to offences committed outside Sabah and Sarawak in cases where such jurisdiction is conferred by or under any law for the time being in force in Sabah or Sarawak or by international law.

8c. (i) Subject to the other provisions of this Code any offence under the Penal Code may be tried by any Court by which such offence is shown in the eighth column of the First Schedule:

Provided that the Yang di-Pertua Negara in respect of Sabah or the Governor in respect of Sarawak, on the recommendation of the Chief Justice, may by warrant which shall be published in the Gazette, declare any Magistrate to be a Stipendiary Magistrate and authorise any such Magistrate to try any offence specified in such warrant notwithstanding the limitations set forth in the eighth column of the First Schedule, and in the event of such Magistrate exercising any jurisdiction which by the provisions of the eighth column of the First Schedule is to be exercised by the High Court the provisions relating to trials and matters incidental to trials of offences by the High Court shall apply mutatis mutandis to all such trials and incidental matters where a Magistrate is exercising such powers conferred upon him by such warrant.

(ii) In subsection (i), "the First Schedule" means the First Schedule to the Criminal Procedure Code of Sabah (No.4 of 1959) or the Criminal Procedure Code (Cap.58) of Sarawak, as the case may be.

(iii) Notwithstanding the repeal of the Criminal Procedure Codes of Sabah and Sarawak by the Criminal Procedure Code (Amendment and Extension) Act, 1976 (Act A324) the First Schedule to each of the said Codes shall be deemed to continue in force for the purpose of reference in the application of this section.

Ubahsuaian

8D. (i) Subject to the other provisions of this Code, any offence under any law other than the Penal Code shall, when that law makes that offence triable by any particular Court, be triable by that Court or by any other Court of higher jurisdiction.

(ii) Any offence under any written law, other than the Penal Code and not being an offence to which subsection (i) applies shall be triable by any Court to which this Code applies;

Provided that—

(a) no Court of a Magistrate of the First Class shall try any offence which is punishable with imprisonment for more than three years;

(b) no Court of a Magistrate of the Second Class shall try any offence which is punishable with imprisonment for more than six months or by a fine of more than one thousand dollars;

(c) no Court of a Magistrate of the Third Class shall try any offence which is punishable with imprisonment for more than six months or by a fine of more than five hundred dollars.

(iii) Notwithstanding anything in this section contained, the Chief Justice may by order signified in the Gazette empower any Court to try any particular offence or class of offences against any written law other than the Penal Code which but for the provisions of this subsection it would not have had jurisdiction to try.

8E. (i) (a) Courts of Magistrates of the First Class may pass a sentence of imprisonment for a term not exceeding twelve months and a fine not exceeding two thousand dollars or a sentence of caning not exceeding twelve strokes or, where the Yang di-Pertua Negara in respect of Sabah or the Governor in respect of Sarawak by warrant under the proviso to section 8c or by notification in the Gazette, declares that the Magistrate specified in such notification shall be a

Stipendiary Magistrate, a Court presided over by that Magistrate may pass a sentence of imprisonment for a term not exceeding three years and a fine not exceeding five thousand dollars;

(b) Courts of Magistrates of the Second Class may pass a sentence of imprisonment for a term not exceeding six months or a fine not exceeding one thousand dollars;

(c) Courts of Magistrates of the Third Class may pass a sentence of imprisonment for a term not exceeding three months or a fine not exceeding five hundred dollars.

(ii) The Court of any Magistrate may pass any lawful sentence, combining any of the sentences which it is authorised by law to pass.

(iii) The Yang di-Pertua Negara in respect of Sabah or the Governor in respect of Sarawak may, on the recommendation of the Chief Justice, limit the jurisdiction or the powers of sentence or both of any Magistrate appointed to hold any of the Courts referred to in this section.

8F. (i) The Court of any Magistrate may award such term of imprisonment in default of payment of fine as is authorised by section 283:

Provided that the term is not in excess of the Magistrate's powers under this Code.

(ii) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 8E.

8G. (i) When a person is convicted at one trial of two or more distinct offences, the Court may, subject to the provisions of section 71 of the Penal Code sentence him for such offences to the several punishments prescribed therefor which such Court is competent to inflict, such punishments to commence the one after the expiration of the other in such order as the Court may direct unless the Court directs that such punishments shall run concurrently.

Ubahsuaian

(ii) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:

Provided that—

(a) in no case shall such person be sentenced to imprisonment for a longer period than fifteen years;

(b) the aggregate punishment shall not exceed three times the amount of punishment which the Magistrate in the exercise of his ordinary jurisdiction is competent to inflict.

(iii) For the purpose of appeal aggregate sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

8H. (i) Where offences other than the one of which an accused person has been convicted and of a similar nature have been committed by him and are still untried and admitted by him and are within the jurisdiction of the Court and he desires that they should be taken into consideration in determining the sentence to be imposed and the Court may, subject to subsection (ii), properly take them into consideration.

(ii) In exercising the jurisdiction conferred by subsection (i) the Court shall record convictions in respect of such offences as such accused person admits without recourse to the provisions of Part VI other than Chapters XXVI and XXVII and proceed to sentence thereon.".

1. Ubahsuaian ini hendaklah dipakai bagi Sarawak sahaja.

2. Perenggan-kecil (d) seksyen-kecil (i) tidaklah berkuatkuasa di Sarawak atau di mana-mana kawasannya sehingga tarikh yang ditetapkan oleh Yang di-Pertuan Agong (kemudian daripada ini disebut tarikh yang ditetapkan) di bawah seksyen 1 (1) Akta Mahkamah Budak-budak, 1947 (Akta 90 bagi mulanya berkuatkuasa Akta itu atau Bahagian V atau VIII Akta itu di Sarawak atau

Seksyen

Ubahsuaian di mana-mana kawasannya itu, mengikut mana yang berkenaan, dan sehingga tarikh itu perenggankecil (d) seksyen-kecil (i) hendaklah digantikan dengan yang berikut:

"(d) commit such offender to custody in a place appointed by the Minister to be a place of detention for the purposes of this section for a period of not less than one year and not more than five years and so that the period of custody shall not extend beyond the day when apparently the offender will attain the age of twenty years:

Provided that the local federal authority may at any time by writing under his hand order any youthful offender who has been detained as aforesaid for a period of not loss than one year to be released on parole subject to such conditions as the local federal authority may in such written order prescribed."

3. Schlingga tarikh yang ditetapkan seksyen baru

293A yang berikut hondaklah borkualkuasa:

293A. The Minister may make rules to provide for—

(a) places of detention within Sarawak and for their inspection;

(b) the classification, treatment employment, education, discipline, control, diet and recreation of youthful offenders detained in any place of detention;

(c) the appointment of an Advisory Board to advise the local federal authority on the exercise of the power conferred on him by section 293 (i) (d) and to perform such other duties as may be prescribed in such rules;

(d) the circumstances under which, the persons by whom, and the manner in which youthful offender who have been released on parole under section 293 (i) (d) may be re-arrested and re-committed to a place of detention;

(e) the transfer of youthful offenders from one place of detention to another;

Seksyen

Ubahsuaian

(f) the conveyance or transmission of articles or messages into or from a place of detention and for the exclusion of persons from places of detention and for the arrest of persons found contravening any rule made under this paragraph; and

(g) the appointment of Probation Officers and Probation Committees and for the powers and duties of such Officers and Committees."

328 hingga 341 ... Seksyen-seksyen ini tidaklah berkuatkuasa di Sabah atau Sarawak sehingga suatu tarikh yang akan ditetapkan oleh Menteri melalui pemberitahu dalam Warta.

341A

41A ... ... Gantikan "this Chapter" dengan "The Inquests Ordinance, 1959 of Sabah and the Inquests Ordinance (Cap. 48) of Sarawak".

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