PART 20 APPEALS, POINTS RESERVED, REVISIONS AND
CRIMINAL MOTIONS |
| Interpretation of this Part |
373. In this Part —“appellate court” —| (a) | means any court when exercising its appellate criminal jurisdiction; and | | (b) | includes, for the purposes only of Division 1B, the Court of Appeal when exercising its jurisdiction under Division 1A or section 397; |
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| “trial court” means any court when exercising its original criminal jurisdiction. [19/2018] |
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| 374.—(1) An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law. [19/2018; 40/2019] | (2) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law. |
| (3) An appeal by the Public Prosecutor is to be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court. |
| (4) An appeal by a person convicted by a trial court is to be against the person’s conviction, the sentence imposed on the person or an order of the trial court. |
| (4A) No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence. [33/2012] |
| (5) No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part 9 or 10. [5/2014] |
| (6) To avoid doubt, any appeal against a decision of the General Division of the High Court is to be made to the Court of Appeal (and not to the Appellate Division of the High Court). [40/2019] |
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| Limited right of appeal against plea of guilty |
| 375. An accused who has pleaded guilty and has been convicted on that plea in accordance with this Code may appeal only against the extent or legality of the sentence. |
| Appeal against acquittal and sentence in private prosecutions |
376.—(1) Where in any prosecution by a private person —| (a) | an accused has been acquitted by a court; or | | (b) | an accused has been convicted and sentenced by a court, |
| there is to be no appeal against the acquittal or the sentence (as the case may be) by the private person. |
| (2) The Public Prosecutor may appeal against any judgment, sentence or order of a court in a private prosecution or may, by fiat, and on such terms and conditions as the Public Prosecutor thinks fit, permit a private person to pursue such appeal. |
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377.—(1) Subject to sections 374, 375 and 376, a person who is not satisfied with any judgment, sentence or order of a trial court in a criminal case or matter to which the person is a party may appeal to the appellate court against that judgment, sentence or order in respect of any error in law or in fact, or in an appeal against sentence, on the ground that the sentence imposed is manifestly excessive or manifestly inadequate.(2) A notice of appeal against any judgment, sentence or order of the trial court must be lodged by the appellant with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a District Court or a Magistrate’s Court) —| (a) | in the case of an appeal against conviction, or an appeal against conviction and sentence, within 14 days after the date of the sentence; and | | (b) | in any other case, within 14 days after the date of the judgment, sentence or order. [33/2012; 5/2014; 40/2019] |
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(3) Every notice of appeal must —| (a) | state shortly the substance of the judgment, sentence or order appealed against; | | (b) | contain an address at which any notice or document connected with the appeal may be served upon the appellant or upon the appellant’s advocate; and | | (c) | unless it is given orally under section 381, be signed by the appellant or the appellant’s advocate. |
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| (4) In the case of an appeal by the Public Prosecutor under this Part against the judgment, sentence or order of the General Division of the High Court hearing a criminal case, the notice of appeal must be signed by the Public Prosecutor only. [40/2019] |
| (5) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is an accused or a complainant, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the appellant or the appellant’s advocate at the address mentioned in the notice of appeal, a notice that a copy each of the record of proceedings and the grounds of decision are available and can be had on applying for the same. [5/2014; 40/2019] |
| (6) Subject to subsection (6A), where an appellant makes an application pursuant to subsection (5), the appellant must be served with a copy each of the record of proceedings and the grounds of decision upon the payment of the prescribed fee. |
| (6A) The Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) may, as he or she thinks fit, furnish copies of the record of proceedings and the grounds of decision free of charge in any specific case or category of cases. [5/2014] |
| (7) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is the Public Prosecutor, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the Public Prosecutor a copy each of the record of proceedings and the grounds of decision free of charge. [5/2014; 40/2019] |
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| 378.—(1) Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or the appellant’s advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court). [5/2014; 40/2019] | (2) The petition of appeal must be signed by the appellant or the appellant’s advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error. |
| (3) Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn. |
| (4) At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if the appellant does so, the appellant must serve the notice on the other party to the appeal on the date of the filing. [5/2014; 40/2019] |
| (5) The appellant may, after the appellant had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek permission of court to withdraw the appeal. [Act 25 of 2021 wef 01/04/2022] |
| (5A) Despite section 386(1) and (2), where every party to the appeal consents to the withdrawal of the appeal, a single Judge of the General Division of the High Court, or of the Court of Appeal, respectively, may summarily give permission to withdraw the appeal without the appeal being set down for hearing. [Act 25 of 2021 wef 01/04/2022] |
| (6) Except with the permission of the appellate court, the appellant is not permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal. [Act 25 of 2021 wef 01/04/2022] |
| (7) Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court must notify the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution immediately ceases to have effect. [5/2014] |
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| Records of court proceedings to be sent to appellate court and respondent |
| 379. Where the petition of appeal has been filed under section 378, the trial court appealed from must send to the appellate court and the Public Prosecutor or to the respondent or the respondent’s advocate (as the case may be) a signed copy of the record of the proceedings, the grounds of decision, a copy of the notice of appeal and the petition of appeal. |
| Appeal specially allowed in certain cases |
380.—(1) The appellate court may, on the application of any person debarred from appealing for non‑compliance with any provision of this Code, permit the person to appeal against any judgment, sentence or order if it considers it to be in the interests of justice, subject to such terms and conditions as the court thinks fit.| (2) The appellate court may, on the application of the accused or the accused’s advocate, or the Public Prosecutor, permit an appeal to proceed to hearing without the grounds of decision, if the court considers it to be in the interest of justice and for reasons beyond the control of either party, subject to such terms and conditions as the court thinks fit. |
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| Procedure when appellant in prison |
381.—(1) If the appellant is in prison, he or she is deemed to have complied with the requirements in sections 377 and 378 if he or she gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within the times prescribed by those sections.| (2) Such officer must immediately forward such notice and petition or their purport to the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be. [5/2014] |
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| 382. A State Court or the General Division of the High Court may grant bail to a person who has filed a notice of appeal against the person’s conviction or sentence in accordance with section 377. [5/2014; 40/2019] |
| Stay of execution pending appeal |
383.—(1) An appeal does not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non‑performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable.| (2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed is to be excluded in computing the term of his or her sentence unless the appellate court orders otherwise. |
| (3) In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the accused or a petition for confirmation by the Public Prosecutor. [33/2012] |
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| Summary rejection of appeal |
384.—(1) Where the grounds of appeal do not raise any question of law and it appears to the appellate court that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the appellate court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of a Judge or a presiding Judge (as the case may be) certifying that the appellate court, having perused the record, is satisfied that the appeal has been brought without any sufficient ground of complaint.| (2) Where an appellate court comprises more than one Judge, the decision of the appellate court to reject the appeal summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the appellate court. [40/2019] |
| (3) Notice of the rejection must be served on the appellant. |
| (4) If, in any case rejected under subsection (1), the appellant gives, within 14 days of service of notice of the rejection on the appellant, notice to the Registrar of the Supreme Court of an application for permission to amend the appellant’s grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the appeal is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the appeal is made to the General Division of the High Court) may grant permission to amend the grounds of appeal accordingly and shall restore the appeal for hearing. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (5) For the purposes of subsection (4), the question whether a sentence ought to be reduced is deemed not to be a question of law. |
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| Notice and time of hearing |
| 385. If the appellate court does not reject the appeal summarily under section 384, it must cause notice to be given to the parties to the appeal of the time and place at which the appeal will be heard. |
| Appeal to be heard by one or more Judges |
| 386.—(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges. [40/2019] | (2) An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal. [40/2019] |
| (3) An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them. |
(4) If the Public Prosecutor requests in writing at any time —| (a) | before the hearing of an appeal before the General Division of the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or | | (b) | before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges, |
| and the Chief Justice consents to the request, the appeal must be heard by such a court. |
[40/2019] |
| (5) In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal. |
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387.—(1) At the hearing of an appeal, the appellate court must hear the appellant or the appellant’s advocate, if the appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or the respondent’s advocate, if the respondent or the respondent’s advocate appears, and must hear the appellant or the appellant’s advocate in reply.| (2) If the appellant is in custody and does not appear at the hearing to support the appellant’s appeal in person or by advocate, the appellate court may consider the appellant’s appeal and may make such order as it thinks fit. |
| (3) If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that the appellant’s non‑appearance was not due to the appellant’s fault. |
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| Non-appearance of respondent |
388.—(1) If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on the respondent, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear.| (2) If the notice cannot be served on the respondent, or if the court is satisfied that the notice has been duly served on the respondent, and the respondent is absent at the hearing of the appeal, the court may hear the appeal in the respondent’s absence. |
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| Arrest of respondent in certain cases |
| 389.—(1) Where the General Division of the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the General Division of the High Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of appeal by the Public Prosecutor. [40/2019] | (2) Where the Public Prosecutor appeals against an acquittal after an application under subsection (1), the General Division of the High Court that acquitted the accused may commit him or her to prison pending the disposal of the appeal or admit him or her to bail. [40/2019] |
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390.—(1) At the hearing of the appeal, the appellate court may, if it considers there is no sufficient ground for interfering dismiss the appeal, or may —| (a) | in an appeal from an order of acquittal —| (i) | reverse the order and direct that further inquiry is to be made or that the accused is to be retried, or remit the matter, with the opinion of the appellate court, to the trial court; or | | (ii) | find the accused guilty and pass sentence on the accused according to law; |
| | (b) | in an appeal from a conviction —| (i) | reverse the finding and sentence and acquit or discharge the accused or order the accused to be retried by a court of competent jurisdiction, or remit the matter, with the opinion of the appellate court, to the trial court; | | (ii) | alter the finding, maintaining the sentence or, with or without altering the finding, reduce or enhance the sentence; or | | (iii) | with or without reducing or enhancing the sentence, and with or without altering the finding, alter the nature of the sentence; |
| | (c) | in an appeal as to sentence, reduce or enhance the sentence, or alter the nature of the sentence; or | | (d) | in an appeal from any other order, alter or reverse the order. |
| (2) Nothing in subsection (1) is to be taken to prevent the appellate court from making such other order in the matter as it may think just, and by such order exercise any power which the trial court might have exercised. |
(3) Despite section 375 and without limiting subsections (1) and (2), where an accused has pleaded guilty and been convicted on such plea, the appellate court may, upon hearing, in accordance with section 387, any appeal against the sentence imposed upon the accused —| (a) | set aside the conviction; | | (b) | make such order in the matter as it may think just; and | | (c) | by such order exercise any power which the trial court might have exercised. |
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| (4) Despite any provision in this Code or any written law to the contrary, when hearing an appeal against an order of acquittal or conviction or any other order, the appellate court may frame an altered charge (whether or not it attracts a higher punishment) if satisfied that, based on the records before the court, there is sufficient evidence to constitute a case which the accused has to answer. |
| (5) If the offence stated in the altered charge is one that requires the Public Prosecutor’s consent under section 10, then the appeal must not proceed before such consent is obtained, unless the consent has already been obtained for a prosecution on the same facts as those on which the altered charge is based. |
| (6) After the appellate court has framed an altered charge, it must ask the accused if the accused intends to offer a defence. |
(7) If the accused indicates that the accused intends to offer a defence, the appellate court may, after considering the nature of the defence —| (a) | order that the accused be tried by a trial court of competent jurisdiction; or | | (b) | convict the accused on the altered charge (other than a charge which carries the death penalty) after hearing submissions on questions of law and fact and if it is satisfied that, based on its findings on the submissions and the records before the court, and after hearing submissions of the accused, there is sufficient evidence to do so. |
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(8) If the accused indicates that the accused does not intend to offer a defence, the appellate court may —| (a) | convict the accused on the altered charge (other than a charge which carries the death penalty) if it is satisfied that, based on the records before the court, there is sufficient evidence to do so; or | | (b) | order that the accused be tried by a trial court of competent jurisdiction, if it is not satisfied that, based on the records before the court, there is sufficient evidence to convict the accused on the altered charge. |
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| (9) At the hearing of the appeal, the appellate court may on the application of the Public Prosecutor, and with the consent of the accused, take into consideration any outstanding offences which the accused admits to have committed for the purposes of sentencing the accused. |
| (10) The sentencing powers of the appellate court in the exercise of its appellate jurisdiction do not exceed the sentencing power of the trial court whose judgment, sentence or order is appealed against. |
| (11) To avoid doubt, everything done by the appellate court under this section is done in the exercise of its appellate jurisdiction. [19/2018] |
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391.—(1) A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice.| (2) If the appellate court is of such opinion, the appellate court must order a new trial. |
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| Taking additional evidence |
392.—(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.| (2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken. |
| (3) When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal. |
| (4) The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict. |
| (5) Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section. |
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393.—(1) Where a person has died —| (a) | any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and | | (b) | where any relevant appeal was begun by the person while he or she was alive or is begun in relation to his or her case under paragraph (a), any further step which might have been taken by the person in connection with the appeal if he or she were alive may be taken by a person so approved. [40/2019] |
(2) The General Division of the High Court may only give an approval to —| (a) | the widow or widower of the deceased; | | (b) | a person who is the personal representative of the deceased; or | | (c) | any person appearing to the General Division of the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to the deceased. [40/2019] |
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| (3) An application for an approval may not be made after the end of the period of one year beginning with the date of death. |
| (4) Where this section applies, any reference to the appellant in any written law is, where appropriate, to be construed as being or including a reference to the person approved under this section. |
| (5) Unless the approval is given under subsection (2), every appeal commenced finally abates on the death of an accused. |
| (6) In this section, “relevant appeal” means an appeal made under this Part. |
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| Grounds for reversal by appellate court |
| 394. Any judgment, sentence or order of a trial court may be reversed or set aside only where the appellate court is satisfied that it was wrong in law or against the weight of the evidence or, in the case of a sentence, manifestly excessive or manifestly inadequate in all the circumstances of the case. |
Division 1A — Review of sentence of death
when no appeal filed |
| Public Prosecutor to file petition for confirmation |
394A.—(1) Where the General Division of the High Court passes a sentence of death on an accused —| (a) | if there is no appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal — the Public Prosecutor must, on the expiry of 90 days after the time allowed under this Code for an appeal —| (i) | lodge a petition for confirmation with the Registrar of the Supreme Court; and | | (ii) | serve the petition on the accused; or |
| | (b) | if there is an appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal, but the accused subsequently withdraws that appeal — the Public Prosecutor must, on the expiry of 90 days after the date of the withdrawal of that appeal —| (i) | lodge a petition for confirmation with the Registrar of the Supreme Court; and | | (ii) | serve the petition on the accused. [19/2018; 40/2019] |
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| (2) When a petition for confirmation has been lodged, the trial court must transmit to the Court of Appeal, the Public Prosecutor, and the accused or the accused’s advocate, a signed copy of the record of the proceedings and the grounds of decision free of charge. [33/2012] |
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| Court of Appeal to review sentence of death |
394B. The Court of Appeal must examine the record of proceedings and the grounds of decision and must satisfy itself as to the correctness, legality and propriety of —| (a) | the conviction of the accused for the offence for which the sentence of death is imposed; and | | (b) | the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law. [33/2012] |
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| Powers of Court of Appeal in petition for confirmation |
| 394C. The Court of Appeal may in any proceeding relating to a petition for confirmation exercise such powers as it may exercise in an appeal by the accused. [33/2012] |
| Permission for parties to be heard |
| 394D.—(1) No party has the right to be heard either personally or by advocate before the Court of Appeal in any proceeding relating to a petition for confirmation. [33/2012] | (2) The Court of Appeal may, if it thinks fit, hear any party either personally or by advocate. [33/2012] |
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394E.—(1) If the Court of Appeal is satisfied as to the correctness, legality and propriety of —| (a) | the conviction of the accused for the offence for which the sentence of death is imposed; or | | (b) | the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law, |
| it must issue a certificate to the Public Prosecutor and the accused or the accused’s advocate confirming the imposition of the sentence of death on the accused. |
[33/2012] (2) If the Court of Appeal is not satisfied as to the correctness, legality and propriety of —| (a) | the conviction of the accused for the offence for which the sentence of death is imposed; or | | (b) | the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law, |
| it must set aside the sentence of death, and may make such further order as it deems fit. |
[33/2012] |
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| Division 1B — Review of earlier decision of appellate court |
| Interpretation of this Division |
394F.—(1) In this Division, unless the context otherwise requires —| “application for PACC permission” has the meaning given by section 60F of the Supreme Court of Judicature Act 1969; [Act 41 of 2022 wef 28/06/2024] |
| “application for permission” means an application for permission to make a review application; [Act 25 of 2021 wef 01/04/2022] |
“civil application” means an application to a court when exercising its civil jurisdiction, and includes —| (a) | where the court is the Court of Appeal, an appeal to the Court of Appeal from any judgment or order of the General Division of the High Court, or of the Appellate Division of the High Court, in such an application; or | | (b) | where the court is the Appellate Division of the High Court, an appeal to the Appellate Division of the High Court from any judgment or order of the General Division of the High Court in such an application; |
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| “post-appeal application in a capital case” or “PACC application” has the meaning given by section 60F of the Supreme Court of Judicature Act 1969; [Act 41 of 2022 wef 28/06/2024] |
| [Deleted by Act 25 of 2021 wef 01/04/2022] |
| “review application” means an application to review an earlier decision of an appellate court; [19/2018; 40/2019] [Act 41 of 2022 wef 28/06/2024] |
| “specified application” means a civil application, an application for PACC permission, or a PACC application. [Act 41 of 2022 wef 28/06/2024] |
(2) In this Division, unless the context otherwise requires, a specified application is related to a review application made in respect of an earlier decision if —| (a) | any common question of law or fact arises in both applications; or | | (b) | any relief claimed in the specified application —| (i) | may affect the review application in any way; or | | (ii) | may affect the outcome of the criminal matter in respect of which the earlier decision was made. [19/2018] |
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[Act 41 of 2022 wef 28/06/2024] |
(3) In this Division, unless the context otherwise requires, a reference to a decision of a court is a reference to everything decided by the court, and everything comprised in the judgment, sentence or order (if any) of the court, when the court —| (a) | delivers judgment in a criminal trial, criminal appeal, case stated, criminal revision or criminal reference; or | | (b) | issues a certificate under section 394E(1) confirming the imposition of the sentence of death on the accused. [19/2018] |
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| Conditions for making review application |
394G.—(1) A review application cannot be made in respect of an earlier decision of an appellate court unless any of the following applies:| (a) | the earlier decision is a decision of the appellate court on the merits of an appeal; | | (b) | the earlier decision is a decision of the appellate court to dismiss an appeal under section 387(3) after the appellant fails to appear at the hearing of the appeal, and the appellate court does not reinstate the appeal under section 387(3); | | (c) | where the appellate court is the Court of Appeal — the earlier decision is a decision of the Court of Appeal to issue a certificate under section 394E(1) confirming the imposition of the sentence of death on the accused; | | (d) | where the appellate court is the Court of Appeal — the earlier decision is —| (i) | a determination by the Court of Appeal of any question of law of public interest referred to the Court of Appeal under section 397; or | | (ii) | an order made by the Court of Appeal under section 397(5). [19/2018] |
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| (2) A review application cannot be made by the Public Prosecutor, unless the Public Prosecutor alleges that the earlier decision is tainted by fraud or a breach of the rules of natural justice, and that the integrity of the judicial process is thereby compromised. [19/2018] |
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| Application for permission to make review application |
| 394H.—(1) Before making a review application, the applicant must apply to the appellate court for, and obtain, the permission of that court to do so. [19/2018] [Act 25 of 2021 wef 01/04/2022] | (2) An application for permission must be fixed for hearing within such period as is prescribed by the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
| (3) The applicant in an application for permission must file written submissions in support of that application, and such other documents as are prescribed in the Criminal Procedure Rules, within such periods as are prescribed in the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
| (4) The respondent in an application for permission may file written submissions in relation to that application within such period as is prescribed in the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
| (5) The Registrar of the Supreme Court or any Supreme Court Judge may extend or abridge any period mentioned in subsection (2), (3) or (4). [14/2019; 40/2019] |
(6) An application for permission is to be heard —| (a) | in any case where the appellate court is the Court of Appeal — by a single Judge sitting in the Court of Appeal, or by 3 or any greater uneven number of Judges sitting in the Court of Appeal; or [Act 41 of 2022 wef 28/06/2024] | | (b) | in any case where the appellate court is the General Division of the High Court —| (i) | by the Judge who made the decision to be reviewed or, if that Judge is not available, by any Judge; | | (ii) | by the Judges who made the decision to be reviewed, or by any one of those Judges, or if none of those Judges are available, by any Judge; or | | (iii) | by 3 or any greater uneven number of Judges sitting in the General Division of the High Court. |
[Act 41 of 2022 wef 28/06/2024] |
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(6A) In deciding whether or not to grant an application for permission, the appellate court must consider the following matters:| (a) | whether the conditions or the requirements in sections 394G, 394J and 394K are satisfied; | | (b) | whether there was any delay in filing the application for permission after the applicant or counsel for the applicant had obtained the material mentioned in section 394J(2) and the reasons for the delay; | | (c) | whether subsection (3) is complied with; | | (d) | whether the review application to be made has a reasonable prospect of success. |
[Act 41 of 2022 wef 28/06/2024] |
| (7) An application for permission may, without being set down for hearing, be summarily dealt with by a written order of the appellate court. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
(8) Before summarily refusing an application for permission, the appellate court, in addition to considering the matters mentioned in subsection (6A) —| (a) | must consider the applicant’s written submissions, if any; and | | (b) | may, but is not required to, consider the respondent’s written submissions, if any. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
[Act 41 of 2022 wef 28/06/2024] |
(9) Before summarily granting permission to make a review application, the appellate court, in addition to considering the matters mentioned in subsection (6A) —| (a) | must consider the applicant’s written submissions, if any; and | | (b) | must consider the respondent’s written submissions, if any. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
[Act 41 of 2022 wef 28/06/2024] |
(10) The appellate court may —| (a) | before deciding whether to grant an application for permission; | | (b) | when granting permission to make a review application; or | | (c) | when summarily granting permission to make a review application, |
| do one or both of the following: |
| (d) | make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary; | | (e) | take additional evidence. |
[Act 41 of 2022 wef 28/06/2024] |
|
| Hearing of review application |
| 394I.—(1) Where the appellate court grants permission to make a review application, the review application must be made to the appellate court, and fixed for hearing, within such period as is prescribed by the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] | (2) The applicant in a review application must file such documents in support of that application, within such period, as are prescribed in the Criminal Procedure Rules. [19/2018] |
| (3) The respondent in a review application must file such documents in relation to that application, within such period, as are prescribed in the Criminal Procedure Rules. [19/2018] |
| (4) The Registrar of the Supreme Court or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3). [14/2019; 40/2019] |
(5) A review application is to be heard —| (a) | in any case where the appellate court is the Court of Appeal — by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal; or | | (b) | in any case where the appellate court is the General Division of the High Court — by a single Judge or, if the Chief Justice so directs, by 3 or any greater uneven number of Judges. [19/2018; 40/2019] |
|
| (6) The appellate court may hear a review application and any related specified application at the same time or one immediately after another. [19/2018] [Act 41 of 2022 wef 28/06/2024] |
(7) Despite subsections (1), (5) and (6) —| (a) | the Court of Appeal may hear a review application made to the General Division of the High Court in respect of an earlier decision of the General Division of the High Court; | | (b) | the Court of Appeal may hear a civil application, made to the General Division of the High Court or to the Appellate Division of the High Court, that is related to a review application (whether made to the Court of Appeal or to the General Division of the High Court); | | (c) | where the Court of Appeal so orders, the Court of Appeal may hear a review application (whether made to the Court of Appeal or to the General Division of the High Court) and any related specified application (whether made to the Court of Appeal, to the Appellate Division of the High Court or to the General Division of the High Court) at the same time or one immediately after another; and [Act 41 of 2022 wef 28/06/2024] | | (d) | every review application or specified application heard by the Court of Appeal under this subsection is to be heard by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal. [19/2018; 40/2019] [Act 41 of 2022 wef 28/06/2024] |
|
| (8) An appellate court, which hears a review application in respect of an earlier decision of that court, may exercise any power and make any order that could have been exercised and made, respectively, by the court that made the earlier decision. [19/2018] |
(9) Where the appellate court is the General Division of the High Court, but a review application made in respect of an earlier decision of the appellate court is heard by the Court of Appeal —| (a) | the Court of Appeal may exercise any power and make any order that could have been exercised and made, respectively, by the appellate court that made the earlier decision; and | | (b) | any reference in this Division to the exercise of a power, or the doing of a thing, by the appellate court in relation to the review application includes a reference to the exercise of that power, or the doing of that thing, by the Court of Appeal. [19/2018; 40/2019] |
|
| (10) A review application may, without being set down for hearing, be summarily dealt with by a written order of the appellate court. [19/2018] |
(11) Before summarily refusing a review application, the appellate court —| (a) | must consider the applicant’s written submissions, if any; and | | (b) | may, but is not required to, consider the respondent’s written submissions, if any. [19/2018] |
|
(12) Except where subsection (11) applies, before summarily deciding a review application on its merits, the appellate court —| (a) | must consider the applicant’s written submissions, if any; and | | (b) | must consider the respondent’s written submissions, if any. [19/2018] |
|
(13) The appellate court may —| (a) | before deciding a review application; | | (b) | when deciding a review application; or | | (c) | when summarily deciding a review application, |
| do one or both of the following: |
| (d) | make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary; | | (e) | take additional evidence. |
[Act 41 of 2022 wef 28/06/2024] |
|
| Requirements for exercise of power of review under this Division |
394J.—(1) This section —| (a) | sets out the requirements that must be satisfied by an applicant in a review application before an appellate court will exercise its power of review under this Division; and | | (b) | does not affect the inherent power of an appellate court to review, on its own motion, an earlier decision of the appellate court. [19/2018] |
| (2) The applicant in a review application must satisfy the appellate court that there is sufficient material (being evidence or legal arguments) on which the appellate court may conclude that there has been a miscarriage of justice in the criminal matter in respect of which the earlier decision was made. [19/2018] |
(3) For the purposes of subsection (2), in order for any material to be “sufficient”, that material must satisfy all of the following requirements:| (a) | before the filing of the application for permission to make the review application, the material has not been canvassed at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made; [Act 25 of 2021 wef 01/04/2022] | | (b) | even with reasonable diligence, the material could not have been adduced in court earlier; | | (c) | the material is compelling, in that the material is reliable, substantial, powerfully probative, and capable of showing almost conclusively that there has been a miscarriage of justice in the criminal matter in respect of which the earlier decision was made. [19/2018] |
|
| (4) For the purposes of subsection (2), in order for any material consisting of legal arguments to be “sufficient”, that material must, in addition to satisfying all of the requirements in subsection (3), be based on a change in the law that arose from any decision made by a court after the conclusion of all proceedings relating to the criminal matter in respect of which the earlier decision was made. [19/2018] |
(5) For the purposes of subsection (2), the appellate court may conclude that there has been a miscarriage of justice in the criminal matter in respect of which the earlier decision was made, only if —| (a) | the earlier decision (being a decision on conviction or sentence) is demonstrably wrong; or | | (b) | the earlier decision is tainted by fraud or a breach of the rules of natural justice, such that the integrity of the judicial process is compromised. [19/2018] |
|
(6) For the purposes of subsection (5)(a), in order for an earlier decision on conviction to be “demonstrably wrong” —| (a) | it is not sufficient that there is a real possibility that the earlier decision is wrong; and | | (b) | it must be apparent, based only on the evidence tendered in support of the review application and without any further inquiry, that there is a powerful probability that the earlier decision is wrong. [19/2018] |
|
| (7) For the purposes of subsection (5)(a), in order for an earlier decision on sentence to be “demonstrably wrong”, it must be shown that the decision was based on a fundamental misapprehension of the law or the facts, thereby resulting in a decision that is blatantly wrong on the face of the record. [19/2018] |
|
| Other matters concerning review applications and applications for permission |
| 394K.—(1) An applicant cannot make more than one review application in respect of any decision of an appellate court. [19/2018] (2) An applicant cannot make a review application in respect of an earlier decision of an appellate court after —| (a) | in any case where a court hears a related specified application made by the same applicant and reserves judgment in that related specified application — the time that court reserves judgment in that related specified application; or [Act 41 of 2022 wef 28/06/2024] | | (b) | in any other case where a court hears a related specified application made by the same applicant — the time that court delivers judgment in that related specified application. [19/2018] [Act 41 of 2022 wef 28/06/2024] |
|
| (3) Where the appellate court is the General Division of the High Court, no appeal may lie against a decision of the appellate court on an application for permission or a review application. [19/2018; 40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (4) Where the appellate court is the General Division of the High Court, no application under section 397(1), and no reference under section 397(2), may be made in respect of a decision of the appellate court on an application for permission or a review application. [19/2018; 40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (5) No application for permission, and no review application, may be made in respect of a decision of an appellate court on an application for permission or a review application. [19/2018] [Act 25 of 2021 wef 01/04/2022] |
|
| Division 2 — Points reserved |
| Power of court to state case |
395.—(1) A trial court hearing any criminal case, may on the application of any party to the proceedings or on its own motion, state a case to the relevant court on any question of law.(2) Any application or motion made —| (a) | on a question of law which arises as to the interpretation or effect of any provision of the Constitution may be made at any stage of the proceedings after the question arises and must set out the question to be referred to the relevant court; and | | (b) | on any other question of law must be made in writing within 10 days from the time of the making or passing of the judgment, sentence or order by the trial court and set out briefly the facts under deliberation and the question of law to be decided on them. |
|
(3) The trial court must —| (a) | upon an application or motion made on a question of law which arises as to the interpretation or effect of any provision of the Constitution, state the case to the relevant court by setting out the question which in its opinion has arisen as to the interpretation or effect of the Constitution, which question must, so far as may be possible, be in a form which permits an answer being given in the affirmative or the negative; and | | (b) | upon an application or motion made on any other question of law, state the case to the relevant court by briefly setting out the facts that it considers proved and the question of law to be reserved for the opinion of the relevant court. |
|
| (4) Despite subsection (3), the trial court may refuse to state a case upon any application if it considers the application frivolous or without any merit, but it must state a case if the application is made by the Public Prosecutor. |
| (5) If a trial court refuses to state a case under subsection (4), the applicant may apply to the relevant court for an order to direct the trial court to state the case. |
| (6) The trial court in stating any case under subsection (3) must cause the case to be transmitted to the Registrar of the Supreme Court. |
| (7) The relevant court must hear and determine the question of law or constitutional question arising out of the case stated. |
(8) Before stating any case to the relevant court under subsection (3)(a), the trial court may make an order to stay the proceedings which is to be made at such stage of the proceedings as the court may see fit, having regard to —| (a) | the decision of such questions of fact as may be necessary to assist the relevant court in deciding the question which has arisen; and | | (b) | the speedy and economical final determination of the proceedings. |
|
| (9) The trial court making an order to stay the proceedings under subsection (8) may impose any terms to await the opinion and order (if any) of the relevant court on any case stated under subsection (3)(a). |
| (10) The trial court stating a case to the relevant court under this section may make such orders as it sees fit for the arrest, custody or release on bail of any accused. |
| (11) When the Registrar of the Supreme Court receives a case stated, he or she must send a copy to every party to the proceedings and to the Public Prosecutor (if the Public Prosecutor is not a party), and fix a date for the hearing of the case stated. |
| (12) The Public Prosecutor has a right of hearing at the hearing of the case stated. |
| (13) Where the General Division of the High Court is hearing the case stated, it must ordinarily be heard by a single Judge, but if the Chief Justice so directs, the case stated must be heard before a court comprising 3 or any greater uneven number of Judges. [40/2019] |
| (14) Where the Court of Appeal is hearing the case stated, it must ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the case stated must be heard before a court comprising 5 or any greater uneven number of Judges sitting in the Court of Appeal. [40/2019] |
(15) In this section, “relevant court” means —| (a) | the General Division of the High Court where the trial court which stated the case is a State Court; and | | (b) | the Court of Appeal where the trial court which stated the case is the General Division of the High Court. [5/2014; 40/2019] |
|
|
| Application to state case directly to Court of Appeal |
| 396.—(1) Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a State Court for the opinion of the General Division of the High Court under section 395, apply to state a case directly to the Court of Appeal. [5/2014; 40/2019] | (2) An application under subsection (1) may only be made with the permission of the Court of Appeal. [Act 25 of 2021 wef 01/04/2022] |
| (3) When an application is made under subsection (1), the Court of Appeal may make such orders as it sees fit for the arrest, custody or release on bail of any accused. |
| (4) Section 395(2), (3), (6) to (12) and (14) applies to the case stated under this section, except that any reference to the relevant court in those provisions is a reference to the Court of Appeal. |
|
| Reference to Court of Appeal of criminal matter determined by General Division of High Court in exercise of its appellate or revisionary jurisdiction |
| 397.—(1) When a criminal matter has been determined by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case, that party may apply to the Court of Appeal for permission to refer the question to the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022] | (2) The Public Prosecutor may refer any question of law of public interest without the permission of the Court of Appeal. [Act 25 of 2021 wef 01/04/2022] |
| (3) An application under subsection (1) or a reference under subsection (2) must be made within one month, or such longer time as the Court of Appeal may permit, of the determination of the matter to which it relates, and in the case of an application by the Public Prosecutor must be made by him or her or with his or her written consent. |
| (3A) Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates. [19/2018; 40/2019] |
(3B) Where —| (a) | a party applies under subsection (1) for permission to refer a question to the Court of Appeal; and [Act 25 of 2021 wef 01/04/2022] | | (b) | it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates, |
| the application may, without being set down for hearing, be summarily refused by an order, under the hand of a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground. |
[19/2018; 40/2019] |
| (3C) A decision of the Court of Appeal to summarily refuse under subsection (3B) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal. [19/2018; 40/2019] |
| (3D) Notice of a refusal under subsection (3B) of an application under subsection (1) must be served on the applicant. [19/2018] |
(3E) Where, after the Court of Appeal has summarily refused under subsection (3B) an application under subsection (1) (called in this subsection the application for permission), the applicant gives, within 14 days after the service of the notice of the refusal on the applicant, to the Registrar of the Supreme Court —| (a) | notice of an application to amend the application for permission, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application for permission relates; and | | (b) | a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, |
| the Chief Justice may allow the applicant to amend the application for permission accordingly, and must restore the application for permission for hearing. |
[19/2018] |
| (4) In granting permission to refer any question of law of public interest under subsection (1), or where the Public Prosecutor refers any question of law of public interest under subsection (2), the Court of Appeal may reframe the question or questions to reflect the relevant issue of law of public interest, and may make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case. [Act 25 of 2021 wef 01/04/2022] |
| (5) The Court of Appeal, in hearing and determining any questions referred, may make such orders as the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case. [40/2019] |
(6) For the purposes of this section, each of the following is deemed to be a question of public interest:| (a) | any question of law regarding which there is a conflict of judicial authority; | | (b) | any question of law that the Public Prosecutor refers. [19/2018] |
|
|
| 398.—(1) The General Division of the High Court or the Court of Appeal (as the case may be) must hear and determine any question of law arising on the case stated under section 395 or 396 and must affirm, amend or reverse the decision or make any other order it thinks fit. [40/2019] | (2) Any judge stating a case under this Code is not liable to any costs incurred with respect to it. |
|
| 399.—(1) The opinion of the General Division of the High Court or the Court of Appeal must be in the form of an answer to the question set out in the case stated under section 395 or 396. [40/2019] (2) The Registrar of the Supreme Court must deliver a copy of the opinion of the General Division of the High Court or of the Court of Appeal and such orders that the Court has made under section 398 to —| (a) | the Public Prosecutor; | | (b) | the Registrar of the State Courts where the trial court which stated the case is a State Court; and | | (c) | every party to the proceedings in which the case stated arose. [5/2014; 40/2019] |
|
| (3) If the opinion of the General Division of the High Court or the Court of Appeal (as the case may be) is given pending the conclusion of the trial, the trial court must proceed with the case having regard to the opinion on the case stated and any order of the General Division of the High Court or the Court of Appeal made under section 398. [40/2019] |
|
Division 3 — Revision of proceedings before
State Courts |
[5/2014] | Power to call for records of State Courts |
| 400.—(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State Court to satisfy itself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of those proceedings. [5/2014; 40/2019] (2) No application may be made by any party under this section in relation to any judgment, sentence or order which the party could have appealed against but had failed to do so in accordance with the law unless the application is made —| (a) | against a failure by a court to impose the mandatory minimum sentence or any other sentence required by written law; or | | (b) | against a sentence imposed by a court which the court is not competent to impose. |
|
|
| Powers of General Division of High Court on revision |
| 401.—(1) On examining a record under revision in this Division, the General Division of the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged. [40/2019] | (2) The General Division of the High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392. [40/2019] |
| (3) The General Division of the High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate. [40/2019] |
| (4) This section does not authorise the General Division of the High Court to convert an acquittal into a conviction. [40/2019] |
|
| 402. Where a case is revised under this Division, the General Division of the High Court must certify its decision or order to the State Court which recorded or passed the judgment, sentence or order and that Court must make the requisite orders to give effect to the decision or order. [5/2014; 40/2019] |
| Permission for parties to appear |
| 403.—(1) No party has any right to be heard either personally or by advocate before the General Division of the High Court when the General Division of the High Court is exercising its powers of revision under this Division or Division 4. [40/2019] | (2) The General Division of the High Court may, if it thinks fit, when exercising its powers of revision under this Division, hear any party either personally or by advocate, and nothing in this section is deemed to affect sections 401(3) and 404(4). [40/2019] |
|
Division 4 — Revision of orders made at
criminal case disclosure conference |
| Power to revise orders made at criminal case disclosure conference |
| 404.—(1) The General Division of the High Court may, on its own motion or on the application of the Public Prosecutor or the accused in any criminal case disclosure conference, call for and examine the record of any criminal case disclosure conference held under Part 9 or 10 before a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court to satisfy itself as to the correctness, legality or propriety of any order recorded or passed at the criminal case disclosure conference, and as to the regularity of the criminal case disclosure conference. [5/2014; 40/2019] | (2) Any application by the Public Prosecutor or the accused under subsection (1) must be made within 7 days from the date of the order so recorded or passed at the criminal case disclosure conference to which the application relates. |
| (3) On examining a record under revision in this Division, the General Division of the High Court may affirm, vary or set aside any of the orders made by the Magistrate, District Judge, Registrar of the State Courts or Registrar of the Supreme Court (as the case may be) who presided over the criminal case disclosure conference. [5/2014; 40/2019] |
| (4) The General Division of the High Court may not proceed under subsection (3) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate. [40/2019] |
| (5) Where a case is revised under this Division, the General Division of the High Court must certify its decision or order to the Magistrate, District Judge, Registrar of the State Courts or Registrar of the Supreme Court (as the case may be) who recorded or passed the order at the criminal case disclosure conference and that Magistrate, District Judge, Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) must make the requisite orders to give effect to the decision or order. [5/2014; 40/2019] |
|
| Division 5 — Criminal motions |
| 405.—(1) A motion to the General Division of the High Court or the Court of Appeal in respect of any criminal matter must be made in accordance with this Division. [19/2018; 40/2019] | (2) In this Division, the relevant court is the court to which the motion is made. [19/2018] |
|
406.—(1) A motion must not be made without previous notice to the other party to the proceedings.(2) There must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion, unless —| (a) | the relevant court gives permission to the contrary; or [Act 25 of 2021 wef 01/04/2022] | | (b) | each party required to be served with the notice consents to the relief or remedy that is sought under the motion. [19/2018] |
|
|
| Form and issue of notice of motion |
407.—(1) The notice of a criminal motion must be in the prescribed form.(2) The notice of a criminal motion must be —| (a) | supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and | | (b) | sealed by an officer of the Registry of the Supreme Court. |
|
|
| 408. The hearing of a criminal motion may be adjourned from time to time by the relevant court on such terms as the relevant court thinks fit. [19/2018] |
| Dealing with motion in absence of parties, etc. |
408A.—(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —| (a) | the respondent is —| (i) | the prosecution; or | | (ii) | an accused who is represented by an advocate; and |
| | (b) | each party —| (i) | consents to the motion being dealt with in the absence of that party; and | | (ii) | consents to the relief or remedy that is sought under the motion. [19/2018] |
|
(2) Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —| (a) | the motion must be set down for hearing; and | | (b) | each party to the proceedings must be informed of the date and time appointed for the hearing. [19/2018] |
|
| (3) The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit. [19/2018] |
| (4) A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion. [Act 25 of 2021 wef 01/04/2022] |
|
| Decision or order affecting lower court |
| 408B. Where, on hearing or dealing with a criminal motion, the relevant court makes a decision or an order that affects a lower court, the relevant court must certify its decision or order to the lower court. [19/2018] |
| 409. If the relevant court dismisses a criminal motion and is of the opinion that the motion was frivolous or vexatious or otherwise an abuse of the process of the relevant court, it may, either on the application of the respondent or on its own motion, order the applicant of the criminal motion to pay to the respondent costs on an indemnity basis or otherwise fixed by the relevant court. [19/2018] |
|
