53

Sentences.

Confirmation when required.

8. (1) A President of the Superior Court after taking the opinions of the British Officers, members of the Court, or of the assessors, as the case may be, which opinions he shall not be bound to follow may pass any sentence authorised by law.

(2) In any case resulting in the imposition of a sentence of death, the conviction and the sentence shall require confirmation by the General Officer Commanding Military Forces, Malaya.

(3) In any case resulting in the imposition of a

sentence of sentences of ·

(a)

(b)

(0)

imprisonment exceeding four years or consecutive terms of imprisoment exceeding four years in the aggregate (whether any such sentence be of imprisonment only or of imprisonment in default of payment of a fino); CX

a fine or finos exceeding a total of two thousand dollars;

or

whipping exceeding a total of twelve strokes;

the conviction and the sentence, or the convictions and the sentences, as the case may be, shall require confirmation by the Chief Civil Affairs Officer or an officer authorised by him for the purpose.

Constitution of District Courts.

Jurisdiction.

}

Sentences.

PART III

DISTRICT COURTS

9. (1) A district Court shall consist of a Presiding Officer who, unless he is a Presiding Officer ex officie as hereinafter mentioned, shall be appointed in writing by or under the authority of the Chief Civil Affairs Officer.

(2) Any District Civil Affairs Officer shall be ex officio a Presiding Officer and, subject to the provisions of section 11 of this Proclamation, may, within his District, exercise the powers and jurisdiction of a Prosiding Officer.

10. Subject to the provisions of this Proclamation and to any territorial limitation which may be imposed by or under the authority of the Chief Civil Affairs Officer, a District Court shall have and may exercise:-

(a)

(b)

11. (1)

in criminal matters, a similar jurisdiction to that provided by section 5 (1) of this Proclamation to be exercised by the Superior Court:

Provided that no District Court shall try any offence which is punishable with death or imprisonment for a term exceeding three years or a fine exceeding two thousand dollars;

jurisdiction to hold inquiries into deaths.

A District Court may pass any sentence authorised

by law within the limits following:-

(a)

imprisonment for a term not exceeding three years;

or

(b) fine not exceeding two thousand dollars; or

Share This Page