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Criminal Justice Act 1953 (Revised 1988)

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Act 345

CRIMINAL JUSTICE ACT 1953

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2 Laws of Malaysia ACT 345

CRIMINAL JUSTICE ACT 1953

First enacted ... ... ... ... ... ... ... 1953 (F.M. Ord. No. 14 of 1953)

Revised ... ... ... ... ... ... ... ... 1988 (Act 345 w.e.f. 6 October 1988)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

Criminal Justice 3

LAWS OF MALAYSIA

Act 345

CRIMINAL JUSTICE ACT 1953

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Abolition of penal servitude, rigorous and simple imprisonment

3. Life sentences

4. Abolition of whipping with cat-o'-nine tails, etc.

5. (Omitted)

6. (Omitted) 4 Laws of Malaysia ACT 345

Criminal Justice 5

LAWS OF MALAYSIA

Act 345

CRIMINAL JUSTICE ACT 1953

An Act relating to penal servitude, methods of imprisonment and whipping; and for purposes connected therewith.

[Peninsular Malaysia--30 April 1953;

Sabah and Sarawak--8 November 1991, P.U. (A) 407/1991; Federal Territory of Labuan--8 November 1991, P.U. (A) 408/1991] Short title and application

1. (1) This Act may be cited as the Criminal Justice Act 1953. (2) This Act shall apply throughout Malaysia.

Abolition of penal servitude, rigorous and simple imprison- ment

2. (1) No person shall be sentenced by a court to penal servitude; and every law conferring power on a court to pass a sentence of penal servitude in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Act.

(2) No person shall be sentenced by a court to rigorous impris- onment or to simple imprisonment; and every law conferring power on a court to pass a sentence of rigorous imprisonment, simple imprisonment or imprisonment of either description, shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of rigorous imprisonment, simple imprisonment or imprisonment of either description could have been passed in that case immediately be- fore the commencement of this Act.

6 Laws of Malaysia ACT 345

(3) Any person who immediately before the commencement of this Act was undergoing or liable to undergo a term of penal servitude under a sentence passed by any court or as a commuted punishment for an offence for which he was sentenced to death, shall be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not penal servitude for that term.

(4) Any person who immediately before the commencement of this Act was undergoing or liable to undergo a term of rigorous imprisonment or of simple imprisonment under a sentence passed by any court or as a commuted punishment for an offence for which he was sentenced to death, shall be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not rigorous imprisonment or simple imprisonment for that term.

Life sentences

3. Where any person is treated as having been sentenced or is hereafter sentenced to imprisonment for life, such sentence shall be deemed for all purposes to be a sentence of imprisonment for twenty years.

Abolition of whipping with cat-o'-nine tails, etc.

4. No person shall be sentenced by a court to whipping with a cat-o'-nine tails; and every law conferring power on a court to pass a sentence of whipping with a cat-o'-nine tails, or whipping, shall be construed as conferring power to pass a sentence of whipping with a rattan.

5. (Omitted).

6. (Omitted). Criminal Justice 7

LAWS OF MALAYSIA

Act 345

CRIMINAL JUSTICE ACT 1953

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 407/1991 Modification of Laws (Criminal 08-11-1991 Justice Act) (Extension to the

States of Sabah and Sarawak)

Order 1991

P.U. (A) 408/1991 Modification of Laws (Criminal 08-11-1991 Justice Act) (Extension to the

Federal Territory of Labuan)

Order 1991

8 Laws of Malaysia ACT 345

LAWS OF MALAYSIA

Act 345

CRIMINAL JUSTICE ACT 1953

LIST OF SECTIONS AMENDED

Section Amending authority In force from

­ NIL ­

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA