Section 2
Interpretation
of Syariah Criminal Procedure Ordinance, 2001
—
(1)
In this Ordinance, unless the context otherwise requires—
“Chief Syariah Judge” means the Chief Syariah Judge appointed under section 4(1) of the Syariah Courts Ordinance,
2001 [Cap. 42];
“complaint” means the allegation made orally or in writing to a Judge with a view to his taking action under this Ordinance that some person whether known or unknown has committed or is guilty of an offence;
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“Court” or “Syariah Court” means the Syariah Appeal Court, the Syariah High Court or the Syariah Subordinate Court, as the case may be, constituted under section 3 of the Syariah Courts
Ordinance, 2001 [Cap. 42];
“Judge” or “Syariah Judge” means a Judge of the Appeal
Syariah Court, the Syariah High Court or the Syariah Subordinate
Court, as the case may be, appointed under section 5(1), 6(1) or 8(1) of the Syariah Courts Ordinance, 2001 [Cap. 42];
“Majlis” means the Majlis Islam Sarawak established under section 3 of the Majlis Islam Sarawak Ordinance, 2001 [Cap.
41];
“non-seizable offence” means an offence punishable with imprisonment for less than one year or with fine only for which a
Religious Enforcement Officer or police officer may not ordinarily arrest without warrant;
“offence” means any act or omission made punishable by any written law prescribing offences against precepts of the religion of Islam and over which the Court has jurisdiction;
“pegawai masjid” means the Imam, Khatib, Bilal or Marbot, as the case may be, of a mosque for the time being;
“Peguam Syarie” has the meaning assigned thereto in the
Syariah Courts Ordinance, 2001 [Cap. 42];
“Prosecutor” means the Chief Syariah Prosecutor or the
Syariah Prosecutor, as the case may be, appointed under section 26 of the Syariah Courts Ordinance, 2001 [Cap. 42];
“Registrar” means the Chief Registrar of the Syariah Appeal
Court, the Registrar of the Syariah High Court, or Assistant
Registrars of the Syariah Subordinate Courts, as the case may be, appointed under the Syariah Courts Ordinance, 2001 [Cap. 42];
“Religious Enforcement Officer” means the Religious
Enforcement Officer appointed under section 27 of the Syariah
Courts Ordinance, 2001 [Cap. 42], and includes the Chief
Religious
Enforcement
Officer and
Assistant
Religious
Enforcement Officer;
“seizable offence” means an offence punishable with imprisonment for one year or more for which a Religious
Enforcement Officer or police officer may ordinarily arrest without warrant;
“the State” means the State of Sarawak;
“witness” does not include a plaintiff, defendant or an accused person;
“youthful offender” means an offender above the age of ten and below the age of sixteen years.
(2)
All words and expressions used in this Ordinance and not hereinbefore defined but defined in the Majlis Islam Sarawak
Ordinance [Cap. 41], the Syariah Courts Ordinance, 2001 [Cap. 42]
or any other written law for the time being in force shall have the meanings assigned to them by those Ordinances or that Code to the extent that such meanings do not conflict with Islamic Law.