102
Laws of Malaysia
Act 593
When trial may proceed immediately after alteration or addition
159. If a charge is framed or alteration or addition made under
either section 157 or 158, the Court shall immediately call upon
the accused to plead thereto and to state whether he is ready to
be tried on the charge or altered or added charge. If the accused
declares that he is not ready, the Court shall duly consider the
reasons he may give and if proceeding immediately with the trial
is not likely, in the opinion of the Court, to prejudice the accused
in his defence or the prosecutor in the conduct of the case, the
Court may, in its discretion, after the charge or alteration or
addition has been framed or made, proceed with the trial as if
the new or altered or added charge had been the original charge.
When new trial may be directed or trial suspended
160. If the new or altered or added charge is such that proceeding
immediately with the trial is likely, in the opinion of the Court,
to prejudice the accused or the prosecutor as aforesaid, the Court
may either direct a new trial or adjourn the trial for such period
as may be necessary.
Stay of proceedings if prosecution of offence in altered charge
requires previous sanction
161. If the offence stated in the new or altered or added charge
is one for the prosecution of which previous sanction is necessary
the case shall not be proceeded with until the sanction is obtained,
unless sanction has been already obtained for a prosecution on
the same facts as those on which the new or altered charge is
founded.
Recall of witnesses when charge altered
162. Whenever a charge is altered or added by the Court after the
commencement of the trial the prosecutor and the accused shall
be allowed to recall or resummon and examine, with reference
to the alteration or addition, any witness who may have been
examined, and may also call any further evidence which may be
material.
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