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KUALA LUMPUR: The high court here has amended the Criminal Procedure Code (CPC) in a way that will allow for a faster trial of criminal cases. The High Court on Friday amended rule 162 to pave the way for the change.

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The amendments and the time limit to get a judgment in criminal matters is two years, and after that, the defendant has a right to be tried under the new law. Thus, for example, an offence committed in 2008, but which started in 2010, can be tried under the new law.

Previously, the CPC only permitted sentencing taking place after the completion of a court case. The change means the accused can be jailed at the end of a trial, while the recommendation of the court is not binding.

The amendments will also be applicable to the Court of Appeal, or any appeal that may arise, if there is no agreement to amend the CPC.

In exercising the amendment, the court recognised the practice in other countries, including the United Kingdom and the United States.

Other amendments include: The CPC will provide for the dismissal of court cases if a magistrate charges without cause; the tribunal will have the power to bar a person from appearing before it if that person is found to have given a false oath in a judicial proceeding; and there is provision for the court to strike parts of a criminal act that the judge considers not to apply to the offence under consideration.

The amendment also permits the trial judge to set a reasonable compensation for the defendant, who may be prevented from leaving the jurisdiction for the duration of the trial, to be determined by a higher court.

The amended rule 62 sets a five-year limitation period to indict an accused and to charge a person or remand an accused in custody.

The rule states: The limitation period for the prosecution shall be five years from the date of the commission of the offence. When an offence is committed on or after the passing of this rule, the limitation period shall commence on the date of the committal of the offence.

However, where an accused is in custody and is unable to leave the jurisdiction for a period exceeding five years, the limitation period shall be extended accordingly.

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