Section 167
References to Syariah Appeal Court on appeal from a Syariah Subordinate Court
of Syariah Criminal Procedure Enactment 2004
When an appeal from a decision of a Syariah Subordinate Court in a criminal matter has been determined by the Syariah High Court, the Syariah Appeal Court may, on the application of any party, grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Syariah High Court has affected the event of the appeal.
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(2)
An application for leave under this section shall be made within one month or such longer time as the Syariah Appeal Court may permit of the determination of the appeal to which it relates; and in the case of an application by the Chief Syar'ie Prosecutor, shall be made by or with the consent in writing of that officer only.
(3)
When leave has been granted by the Syariah Appeal Court under this section, the
Syariah High Court may make such orders as it may see fit for the arrest, custody or release on bail of any party to the appeal and the Registrar of the Syariah High Court shall forward the record of the proceedings in the Syariah High Court to the Registrar of the Syariah Appeal
Court who shall thereupon appoint and notify the parties to the appeal the time and place for the hearing of the matter.
(4)
When leave has been granted by the Syariah Appeal Court, it shall hear and determine the question allowed to be referred for its determination and make such orders as the Syariah High Court might have made as it may consider just for the disposal of the appeal.
(5)
For the purpose of this section but without prejudice to the generality of its provisions –
(a)
any question of law in respect of which there is a conflict of judicial authority shall be deemed to be a question of public interest; and
(b)
the exercise by the Syariah High Court of any power of revision under this
Enactment shall be deemed to be an appeal from a decision of a Syariah
Subordinate Court.
Interpretation