CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 55

Frocedure pending confirmation.

Power to call for record.

6

(2) In cases in which sentence of death has been passed, the Deputy Chief Civil Affairs Officer shall forward the petition and the record to the Chief Legal Officer for onward transmission to the Chief Civil Affairs Officer who shall forward them to the General Officer Commanding Military Forces, Malaya.

(3) The General Officer Commanding Military Forces, Malaya, in cases whore sentence of death has been passed, and the Deputy Chief Civil .ffairs Officer and Senior Civil Affairs Officers in all other cases coming to them respective- ly for review under this section may exercise any of the powers conferred by section 12 of this Proclamation upon a confirming authority,notwithstanding any action which may have been taken previously upon the same case by a confirming authority; and, in addition to such powers, the Deputy Chief Civil Affairs Officer or the Senior Civil „ffairs Officer shall have power in any case so coming to him as aforesaid to uphold the conviction and enhance the sentence.

14.

In any case in which the sentence imposed by the Court requires to be confirmed, the offender shall be kept in confinement pending the order of the confirming authority, except in any case in which an offender has been sentenced to a fine when the Court may, in its discretion, release the offender on payment of the fine or on such terms as to security for payment thereof as to the Court may seem reasonable..

15. (1) The Chief Legal Officer or the Legal Officer may call for and examine the record of any proceedings before any Court for the purpose of satisfying himself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of any proceedings of such Court. Deputy Legal Officer of a Region shall have similar powers as regards District Courts in such Region.

(2) After the receipt of the record of the proceedings the Chief Legal Officer, Legal Officer or Deputy Legal Officer, as the case may be, if he is not satisfied as to the correctness, legality or propriety of such judgment, sentence or order, shall transmit such record to the proper reviewing authority who may in relation thereto exercise any of the powers conferred by section 12 of this Proclamation upon a confirming authority.

P.RT V

MISCELLANEOUS

Power to transfer

cases.

Contempt.

16.

(1) In any trial before a Court in which it appears to the President or Presiding Officer, as the case may be, that an order under this section will tend to the general convenience of the accused or witnesses or that such order is expedient in the interests of justice, the proceedings may be stayed and the President or Presiding Officer, as the case may be, may order the case to be transferred to some other Court of like jurisdiction and shall record such order on the proceedings.

"

(2) In any trial before a District Court in whith it appears to the Presiding Officer at any stage of the proceedings that for any reason the case is one which in his opinion ought to be tried by the Superior Court, he may stay the proceedings and order the case to be transferred to the Superior Court and shall record such order on the proceedings. Thereupon the Superior Court shall commence the trial de novo.

17. (1) The Court may cause to be detained in custody any person who, in the view or presence of the Court, intention- ally offers any insult or causes any interruption to any