Trial de Novo: criminal proceedings in Malaysia

Kamarudin, Abdul Rani and Azman, Fatin Nursa’adah (2023) Trial de Novo: criminal proceedings in Malaysia. In: Harmonisation of Shariah and Law: Approaches & Progress. Harun M Hashim Law Centre, IIUM, Kuala Lumpur, Malaysia, pp. 339-347. ISBN 978-967-2424-46-8

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Abstract

The general principle is that the case should be decided by the trial judge on the evidence he himself recorded, not based on evidence taken by other judges.. The rationale is that other judges may not fully understand the notes of proceedings and evidence of other judges. The trial judge does not usually take down in verbatim or in the form of question and answer but in a narrative form. Thus, a trial de novo is preferred if it would not cause hardship and great inconvenience to the accused. In Malaysia, section 261 of the Criminal Procedure Code (CPC) provides that a succeeding magistrate in a trial has discretion on whether to conduct a trial de novo or to simply proceed from the point where the previous magistrate had paused the proceedings; such pause might be due to retirement, resignation, transfer of positions due to promotions or the death of the previous magistrate. This paper on trial de novo (trial to be heard afresh) evaluates or analyzes whether with advancement in technology such as court transcript record (CRT), the provisions governing it, are a spent force.

Item Type:	Book Chapter
Uncontrolled Keywords:	Part Heard cases, trial de novo, criminal Procedure
Subjects:	K Law > K5401 Criminal Procedure
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Assoc. Prof Dr. Abdul Rani Kamarudin
Date Deposited:	06 Nov 2023 09:55
Last Modified:	13 Jan 2024 14:44
URI:	http://irep.iium.edu.my/id/eprint/107924

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