Section 130
Accused may be defended
of Syariah Courts Criminal Procedure Code
(1)
Every person accused before any Syariah Court may be defended by a Syar'ie Lawyer.
(2)
For the purposes of subsection (I), the person accused of an offence punishable with hadd, qisas or other offences as may be determined by the Chief Syar'ie Judge may seek for legal aid subject to such conditions as the Chief Syari'e Judge may determine.
Assistance to undefended accused 131.
Without prejudice to section 132, if the accused is undefended, the
Syariah Court may, in its discretion at the close of the evidence of any prosecution witness or at any stage prior to the closure of the case of the prosecution, question the accused as to his defence and as to whether or not he wishes to challenge or supplement any part of the prosecution evidence for the following purposes -
(a)
assisting him to cross-examine the witnesses for the prosecution; or
(b)
to enable the Syariah Court on behalf of the accused to put to any of such witnesses -
(i)
any defence advanced by the accused;
Sj~uriah Courts
Crin~inal Procedure Code
CAP. 224 91
(ii)
any challenge as to the accuracy of the evidence: or
(iii)
any particulars modifying or supplementing the evidence adduced:
Provided that no entry shall be made in the record of any answer made by the accused and that any such answer shall be disregarded except for the purposes mentioned in paragraph (0) or (b).