124
Laws of Malaysia
Act 593
Transfer of cases
177. In any trial before a Magistrate in which it appears at any
stage of the proceedings that from any cause the case is one which
in the opinion of the Magistrate ought to be tried by some Court
of higher jurisdiction than his own, or if before or during the
trial application is made by the Public Prosecutor, the Magistrate
shall stay proceedings and transfer the case to a higher Court.
Transmission of case to, and trial by, the High Court
177a. (1) A prosecution in respect of an offence which is to be
tried by the High Court in accordance with Chapter XX, shall
not be instituted except by or with the consent of the Public
Prosecutor:
Provided that a person may be arrested, or a warrant for his
arrest may be issued and executed, and any such person may be
remanded in custody notwithstanding that the consent of the Public
Prosecutor to the institution of a prosecution for the offence has
not been obtained, but the case shall not be further prosecuted
until the consent has been obtained.
(2) In any prosecution pursuant to subsection (1), the accused
shall be produced before the Magistrate’s Court which shall, after
the charge has been explained to him, transmit the case to the
High Court and cause the accused to appear or be brought before
that Court as soon as may be practicable:
Provided that when the accused is brought before the Magistrate’s
Court before the Public Prosecutor has consented to the prosecution,
the charge shall be explained to him but he shall not be called
upon to plead thereto.
(3) When the accused appears or is brought before the High
Court in accordance with subsection (2), the High Court shall
fix a date for his trial which shall be held in accordance with
the procedure under Chapter XX.
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