Section 30
Detention pending exhaustion of legal process
of Security Offences (Special Measures) Act 2012
Notwithstanding Article 9 of the Federal Constitution, if the trial court acquits an accused of a security offence the Public
Prosecutor may make an oral application to the court for the accused to be remanded in prison pending a notice of appeal to be filed against his acquittal by the Public Prosecutor.
28 Laws of Malaysia ACT 747
(2)
Upon application by the Public Prosecutor under subsection
(1)
, the court shall remand the accused in prison pending the filing of the notice of appeal.
(3)
When the Public Prosecutor files a notice of appeal against the acquittal, the Public Prosecutor may apply to the trial court for an order to commit the accused remanded in custody of the police to prison pending the disposal of the appeal.
(4)
Upon application by the Public Prosecutor under subsection
(3)
, the court shall commit the accused to prison pending the disposal of the appeal.
(5)
If the appeal of the Public Prosecutor is dismissed and the order of acquittal is affirmed, the Public Prosecutor may make an oral application to the court for the accused to be remanded in prison pending a notice of appeal to be filed against the decision of the
Court of Appeal by the Public Prosecutor.
(6)
Upon application by the Public Prosecutor under subsection
(5)
, the court shall remand the accused in prison pending the filing of the notice of appeal.
(7)
An accused committed to prison under this section shall be held until all appeals are disposed of.