PART 5 | President and Vice-Presidents |
| 48.—(1) The Chief Justice is the President of the Court of Appeal and may appoint one or more Vice‑Presidents of the Court of Appeal from among the Justices of the Court of Appeal. [40/2019] (2) In a sitting of the Court of Appeal —| (a) | the most senior Supreme Court Judge, as determined by section 4, is to preside; and | | (b) | if there is no Supreme Court Judge, the Chief Justice is to appoint a person to preside. [40/2019] |
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| 49.—(1) The Court of Appeal has the civil jurisdiction mentioned in section 53, the criminal jurisdiction mentioned in section 60D and the jurisdiction to deal with any application or action that is to be dealt with by the Court of Appeal as is provided in Division 4 of this Part. [Act 41 of 2022 wef 28/06/2024] | (2) The Court of Appeal has, in an appeal and for any purpose related to an appeal, all the jurisdiction and powers of the court or tribunal from which the appeal was brought. [40/2019] |
| (3) The Court of Appeal may decide any question that needs to be decided to do justice in any case before it. [40/2019] |
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| 50.—(1) Subject to this Act, the jurisdiction of the Court of Appeal is to be exercised by 3 or any greater uneven number of Judges. [40/2019] | (2) A Judge must not sit in the Court of Appeal to hear or decide any appeal from a decision made by the Judge, or any matter related to such an appeal. [40/2019] |
| (3) Section 10A applies in relation to proceedings before the Court of Appeal as it applies in relation to proceedings before the General Division. [40/2019] |
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| 51.—(1) A decision of the Court of Appeal is to be made in accordance with the opinion of the majority of the Judges hearing the case. [40/2019] | (2) An appeal or application to the Court of Appeal is to be dismissed if the Judges hearing the appeal or application are evenly divided. [40/2019] |
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52.—(1) The Court of Appeal —| (a) | is to sit on such dates and at such places as the Chief Justice may from time to time appoint; and | | (b) | may sit on a Saturday, Sunday or public holiday, or during a vacation, if the Chief Justice so appoints. [40/2019] |
| (2) The Chief Justice may cancel or postpone a sitting appointed under subsection (1). [40/2019] |
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| Division 2 — Civil jurisdiction |
| 53.—(1) This Division applies to the Court of Appeal in the exercise of its civil jurisdiction. [40/2019] (2) The civil jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other written law regulating the terms and conditions upon which those matters may be brought:| (a) | any appeal against any decision made by the General Division in any civil cause or matter in the exercise of its original or appellate civil jurisdiction; | | (b) | any appeal from the Appellate Division; | | (c) | any appeal or other process that any written law provides is to lie, or that is transferred in accordance with any written law, to the Court of Appeal; | | (d) | any application (whether made to the General Division, the Appellate Division or the Court of Appeal) to which either or both of the following apply:| (i) | a common question of law or fact arises in both the application and a matter falling within the criminal jurisdiction of the Court of Appeal; | | (ii) | any relief claimed in the application —| (A) | may affect any matter falling within the criminal jurisdiction of the Court of Appeal; or | | (B) | may affect the outcome of any matter falling within the criminal jurisdiction of the Court of Appeal. [40/2019] |
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| Composition — further provisions |
54.—(1) Despite section 50(1), a case before the Court of Appeal may, if the Seventh Schedule so provides, be heard and decided by —| (a) | either a single Judge or 2 Judges; or | | (b) | 2 Judges. [40/2019] |
| (2) A Judge must not sit in the Court of Appeal to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 58(1). [40/2019] |
(3) Where the Court of Appeal is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his or her functions as a Judge of the Court of Appeal so constituted —| (a) | the Court of Appeal must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and | | (b) | the case must be reheard if it cannot continue under paragraph (a). [40/2019] |
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| Oral hearing not needed for appellate matters generally |
55.—(1) Subject to subsection (2), the Court of Appeal may decide any matter without hearing oral arguments, other than a matter prescribed by the Rules of Court.| (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given to be conducted without an oral hearing, unless all the parties consent. |
| (3) Subject to subsection (4), the Court of Appeal may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communication as directed by the court. |
| (4) The Court of Appeal must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. |
| (5) To avoid doubt, this section does not affect the power of the Court of Appeal to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022] |
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| Summary dismissal of certain matters |
56.—(1) The Court of Appeal may summarily dismiss any appeal or application on its own motion if the Court of Appeal is satisfied of any of the following:| (a) | the Court of Appeal does not have the jurisdiction to hear and determine the appeal or application; | | (b) | the Court of Appeal has already decided every issue in the appeal or application in an earlier matter in which the appellant or applicant was involved, and the appeal or application therefore has no merit; | | (c) | such conditions as may be prescribed by the Rules of Court are met. [40/2019] |
(2) Before summarily dismissing any appeal or application under subsection (1), the Court of Appeal must —| (a) | give the appellant or applicant a reasonable opportunity to show cause why the appeal or application should not be summarily dismissed; and | | (b) | consider any representations made by the appellant or applicant. [40/2019] |
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| (3) The Court of Appeal may exercise its powers under this section without hearing oral arguments. [40/2019] |
| (4) In this section, “appeal” includes part of an appeal and “application” includes part of an application. [40/2019] |
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| 57. Where an application may be made either to the Court of Appeal or to another court, it must first be made to the other court. [40/2019] |
| Incidental directions and interim orders |
58.—(1) The Court of Appeal may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter):| (a) | any direction or order incidental to the pending matter not involving the decision of the pending matter; | | (b) | any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter; | | (c) | any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered. [40/2019] |
| (2) A direction or an order under subsection (1) may be made by the Court of Appeal on its own motion or on the application of a party. [40/2019] |
| (3) A direction or an order under subsection (1) may be made by 2 Judges. [40/2019] |
(4) A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply:| (a) | the direction or order may be varied or discharged by 2 other Judges; but | | (b) | an application to vary or discharge the direction or order may only be made with the permission of the single Judge or any other Judge, and a decision by any Judge to give or refuse permission is final. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
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| (5) Subsections (3) and (4) apply despite section 50(1). [40/2019] |
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| 59.—(1) Appeals to the Court of Appeal are to be by way of rehearing. [40/2019] | (2) In hearing and deciding an appeal, the Court of Appeal has all the powers and duties, as to amendment or otherwise, of the court or tribunal from which the appeal was brought. [40/2019] |
(3) The Court of Appeal may receive further evidence —| (a) | by oral examination in court; | | (b) | by affidavit; | | (c) | by deposition taken before an examiner or a commissioner; or | | (d) | in any other manner that the Court of Appeal allows. [Act 25 of 2021 wef 01/04/2022] |
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| (4) Except as provided in subsection (5), such further evidence may be given to the Court of Appeal only with the permission of the Court of Appeal and on special grounds. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (5) Such further evidence may be given to the Court of Appeal without permission if the evidence relates to matters occurring after the date of the decision appealed against. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (6) The Court of Appeal may draw any inference of fact, give any judgment and make any order. [40/2019] |
(7) The powers in this section —| (a) | may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and | | (b) | may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision. [40/2019] |
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| (8) Where an application for permission to adduce further evidence in an appeal before the Court of Appeal is heard and decided by a single Judge or 2 Judges, any party may request the full panel of the Court of Appeal hearing the appeal to rehear arguments in respect of the application for permission to adduce further evidence. [Act 25 of 2021 wef 01/04/2022] |
(9) No request may be made under subsection (8) in respect of an application for permission to adduce further evidence in an appeal where the Court of Appeal that first decided the application is constituted —| (a) | by 2 Judges, where the Court of Appeal hearing the appeal is constituted by 2 Judges; or | | (b) | by 3 or more Judges. [Act 25 of 2021 wef 01/04/2022] |
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(10) A request under subsection (8) must be made before the earlier of the following:| (a) | the time at which the judgment or order relating to the decision on the application for permission to adduce further evidence is extracted; | | (b) | the expiration of 7 days after the date on which the decision on the application for permission to adduce further evidence is made. [Act 25 of 2021 wef 01/04/2022] |
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| (11) After rehearing arguments on a request mentioned in subsection (8), the Court of Appeal may affirm, vary or set aside the decision on the application for permission to adduce further evidence. [Act 25 of 2021 wef 01/04/2022] |
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| 60. The Court of Appeal may make any order as to the costs of an appeal or of the proceedings relating to the decision appealed against. [40/2019] |
60A.—(1) Subject to this Act, the Court of Appeal may order a new trial of —| (a) | any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division; or | | (b) | any matter that has been tried by the Appellate Division in the exercise of the civil jurisdiction of the Appellate Division. [40/2019] |
| (2) A new trial must not be ordered on the ground of an improper admission or rejection of evidence, unless the improper admission or rejection has caused a substantial wrong or a miscarriage of justice. [40/2019] |
(3) If the substantial wrong or miscarriage of justice mentioned in subsection (2) affects only part of a case, or only one or some of the parties to the case, the Court of Appeal may —| (a) | give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and | | (b) | direct a new trial in respect of the affected part of the case or the affected parties to the case. [40/2019] |
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| (4) A new trial may be ordered on any question without interfering with the finding or decision of the General Division or the Appellate Division (as the case may be) on any other question. [40/2019] |
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| 60B. The Court of Appeal may not reverse or substantially vary a decision appealed against, or order a new trial, on account of any error, defect or irregularity that does not affect the merits of the decision appealed against or the jurisdiction of the court whose decision is appealed against. [40/2019] |
| Appeal not to operate as stay of execution or enforcement |
| 60C.—(1) An appeal to the Court of Appeal does not operate as a stay of execution or enforcement or of proceedings under the decision appealed against, unless the court whose decision is appealed against or the Court of Appeal so orders. [40/2019] [Act 25 of 2021 wef 01/04/2022] | (2) No intermediate act or proceeding is to be invalidated except so far as the Court of Appeal directs. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
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| Division 3 — Criminal jurisdiction |
60D. The criminal jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other written law regulating the terms and conditions upon which those matters may be brought:| (a) | any appeal against any decision made by the General Division in the exercise of its original criminal jurisdiction; | | (b) | any petition for confirmation under Division 1A of Part 20 of the Criminal Procedure Code 2010; | | (c) | any review of a decision of the Court of Appeal, or a decision of the General Division, under Division 1B of Part 20 of the Criminal Procedure Code 2010; | | (d) | any case stated to the Court of Appeal under section 395 or 396 of the Criminal Procedure Code 2010; | | (e) | any reference to the Court of Appeal under section 397 of the Criminal Procedure Code 2010; | | (f) | any motion to the Court of Appeal under Division 5 of Part 20 of the Criminal Procedure Code 2010; [40/2019] [Act 17 of 2022 wef 01/07/2022] | | (g) | any reference to the Court of Appeal under section 18 of the Extradition Act 1968. [Act 17 of 2022 wef 01/07/2022] |
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| Composition when exercising criminal jurisdiction |
| 60E.—(1) Despite section 50(1), a case before the Court of Appeal may, if the Tenth Schedule so provides, be heard and determined by a single Judge. [Act 25 of 2021 wef 01/04/2022] (2) A Judge must not sit in the Court of Appeal to hear or decide any of the following matters, or any matter related to any of the following matters:| (a) | an appeal against a conviction before the Judge or a sentence passed by the Judge; | | (b) | any petition for confirmation under Division 1A of Part 20 of the Criminal Procedure Code 2010 lodged in respect of a sentence of death passed by the Judge on an accused; | | (c) | any case stated by the Judge under section 395 of the Criminal Procedure Code 2010; | | (d) | any reference under section 397 of the Criminal Procedure Code 2010 of a question of law of public interest that has arisen in a criminal matter determined by the Judge. [40/2019] |
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Division 4 — Post-appeal application in
capital case and finding of abuse of process |
[Act 41 of 2022 wef 28/06/2024] | Interpretation of this Division |
60F. In this Division, unless the context otherwise requires —| “application for PACC permission” means an application for permission to make a PACC application; |
| “application for review permission” means an application for permission to make a review application; |
| “counsel” means any advocate and solicitor; |
| “Judge of the Court of Appeal” means a Judge sitting in the Court of Appeal in accordance with this Act and the Constitution; |
| “PACP” means a prisoner awaiting capital punishment; |
“post-appeal application in a capital case” or “PACC application” means any application (not being a review application) —| (a) | made by a PACP after the relevant date; and | | (b) | to which either of the following applies:| (i) | the application is for a stay of the execution of the death sentence on the PACP; | | (ii) | the determination of the application calls into question, or may call into question, the propriety of the conviction of, the imposition of the sentence of death on, or the carrying out of the sentence of death on, the PACP;| Examples of an application made by a PACP the determination of which calls into question, or may call into question, the propriety of the conviction of, the imposition of the sentence of death on, or the carrying out of the sentence of death on, the PACP are — |
(a) an application challenging the President’s order; (b) an application challenging the manner in which the death sentence is to be carried out; (c) an application challenging the imposition of the sentence of death as a form of punishment (such as an application alleging that the death penalty is an unlawful deprivation of life under Article 9(1) of the Constitution); (d) an application challenging the Public Prosecutor’s decision not to certify that the PACP has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore, under section 33B(2)(b) of the Misuse of Drugs Act 1973; and (e) an application challenging the Public Prosecutor’s decision to institute and conduct proceedings against the PACP for an offence punishable with death. |
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| “President’s order”, in relation to a PACP, means the order of the President under section 313(1)(f) of the Criminal Procedure Code 2010 stating that the sentence of death is to be carried out against the PACP; |
“relevant application” means —| (a) | an application for PACC permission; | | (b) | a PACC application; | | (c) | an application for review permission; or | | (d) | a review application; |
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“relevant date” means —| (a) | in relation to the first PACC application by a PACP —| (i) | the date of dismissal of the appeal by the Court of Appeal (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) in relation to the offence for which the sentence of death was imposed on the PACP; | | (ii) | the date of imposition of the sentence of death by the Court of Appeal (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) in an appeal against the acquittal of the PACP of an offence punishable with death, or against a non‑capital sentence imposed on the PACP; or | | (iii) | the date of the issuance by the Court of Appeal of a certificate (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) confirming the imposition of the sentence of death on the PACP; and |
| | (b) | in relation to the second or any subsequent PACC application (called the instant application) by a PACP —| (i) | the date mentioned in paragraph (a); or | | (ii) | if prior to the making of the instant application, there has been a determination of —| (A) | any application for PACC permission (not being an application for PACC permission for the instant application); or | | (B) | any PACC application, |
| in relation to the PACP, the date of the most recent of any such determination; |
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| “review application” means a review application within the meaning of section 394F of the Criminal Procedure Code 2010 where the application is to review an earlier decision of the Court of Appeal relating to the offence for which the sentence of death was imposed on a PACP. [Act 41 of 2022 wef 28/06/2024] |
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| Application for permission to make PACC application |
60G.—(1) Subject to section 60I, before making a PACC application, the applicant must apply to the Court of Appeal for, and obtain, the permission of that court to do so.| (2) Despite section 50(1), an application for PACC permission may be heard and determined by a single Judge of the Court of Appeal. |
| (3) An application for PACC permission must be fixed for hearing within such period as is prescribed by the Rules of Court. |
| (4) The applicant in an application for PACC permission must file written submissions in support of that application, and such other documents as are prescribed in the Rules of Court, within such periods as are prescribed in the Rules of Court. |
| (5) The respondent in an application for PACC permission may file written submissions in relation to that application within such period as is prescribed in the Rules of Court. |
| (6) The Registrar or any Supreme Court Judge may extend or abridge any period mentioned in subsection (3), (4) or (5). |
(7) In deciding whether or not to grant an application for PACC permission, the Court of Appeal must consider the following matters:| (a) | whether the PACC application to be made is based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; | | (b) | whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in paragraph (a) and the reasons for the delay; | | (c) | whether subsection (4) is complied with; | | (d) | whether the PACC application to be made has a reasonable prospect of success. |
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| (8) An application for PACC permission may, without being set down for hearing, be summarily dealt with by a written order of the Court of Appeal. |
(9) Before summarily refusing an application for PACC permission under subsection (8), the Court of Appeal, in addition to considering the matters mentioned in subsection (7) —| (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. |
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(10) Before summarily granting an application for PACC permission, the Court of Appeal, in addition to considering the matters mentioned in subsection (7) —| (a) | must consider the applicant’s written submissions, if any; and | | (b) | must consider the respondent’s written submissions, if any. |
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(11) The Court of Appeal may —| (a) | before deciding any application for PACC permission; | | (b) | when granting an application for PACC permission; or | | (c) | when summarily granting an application for PACC permission, |
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| (d) | make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary; | | (e) | take additional evidence. |
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(12) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (11) —| (a) | where the application for PACC permission is dealt with by a single Judge of the Court of Appeal — take such evidence itself; or | | (b) | where the application for PACC permission is dealt with by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. |
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| (13) If the Court of Appeal does not grant the application for PACC permission, no further proceedings may be taken in respect of the PACC application. |
| (14) Subsection (13) does not prevent the taking of any proceedings against the PACP’s counsel (if any) in relation to the counsel’s conduct in the application for PACC permission. |
(15) Despite any provision in this section, if an application for PACC permission is made by a PACP, and prior to the making of that application, the applicant is found by the Court of Appeal —| (a) | to have abused the process of the court in relation to a relevant application that was filed on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022; or | | (b) | to have abused the process of the court in order to delay or frustrate the carrying out of the sentence of death in relation to an application (other than a relevant application) or action that was filed on or after the date mentioned in paragraph (a), |
| the Court of Appeal must not grant the application for PACC permission unless — |
| (c) | the PACP adduces material (being evidence or legal arguments) that was not adduced in court before the date of the most recent of any such finding of abuse of process by the Court of Appeal; and | | (d) | the material could not, even with reasonable diligence, have been adduced in court before the date mentioned in paragraph (c). [Act 41 of 2022 wef 28/06/2024] |
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| Hearing of PACC application |
60H.—(1) Subject to section 60I, where the Court of Appeal grants the application for PACC permission, the PACC application must be made to the Court of Appeal, and fixed for hearing, within such period as is prescribed by the Rules of Court.| (2) The applicant in a PACC application must file such documents in support of that application, within such period, as are prescribed in the Rules of Court. |
| (3) The respondent in a PACC application must file such documents in relation to that application, within such period, as are prescribed in the Rules of Court. |
| (4) The Registrar or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3). |
| (5) The Court of Appeal which hears a PACC application may exercise any power and make any order that could have been exercised and made by the Appellate Division or the General Division (whether or not exercising its original jurisdiction). |
| (6) A PACC application may, without being set down for hearing, be summarily dealt with by a written order of the Court of Appeal. |
(7) Before summarily refusing a PACC application under subsection (6), the Court of Appeal —| (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. |
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(8) Except where subsection (7) applies, before summarily deciding a PACC application on its merits, the Court of Appeal —| (a) | must consider the applicant’s written submissions, if any; and | | (b) | must consider the respondent’s written submissions, if any. |
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(9) The Court of Appeal may —| (a) | before deciding a PACC application; | | (b) | when granting a PACC application; or | | (c) | when summarily granting a PACC 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 death sentence) as the Court considers necessary; | | (e) | take additional evidence. |
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| (10) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (9), either take such evidence itself or have such evidence taken by one of the Judges of the Court of Appeal. [Act 41 of 2022 wef 28/06/2024] |
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| Procedure for making PACC application, etc., when there is pending PACC application, etc. |
60I.—(1) Where any application for PACC permission, or any PACC application, made by a PACP (each called in this section the specified application) is pending determination, the PACP cannot make a subsequent application for PACC permission or a subsequent PACC application (each called in this section the subsequent application) unless the PACP has the permission of the Court of Appeal dealing with the specified application to do so.(2) The Court of Appeal dealing with the specified application may do any one of the following:| (a) | grant permission for the PACP to adduce further material when the Court of Appeal is dealing with the specified application; | | (b) | grant permission for the PACP to make the subsequent application separately under section 60G or 60H, as the case may be; | | (c) | refuse to grant permission under paragraph (a) or (b). |
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(3) When dealing with any specified application or subsequent application under this section, the Court of Appeal may give such directions as the Court of Appeal thinks necessary or expedient —| (a) | in the case of a specified application — in respect of that application or a subsequent application; or | | (b) | in the case of a subsequent application — in respect of that application. [Act 41 of 2022 wef 28/06/2024] |
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| Court of Appeal may determine whether application is, or action contains, application for PACC permission or PACC application, etc. |
60J.—(1) Where any application or action by a PACP (called in this section the specified application or specified action, as the case may be) is filed in a court other than the Court of Appeal, the Court of Appeal may determine whether the specified application is, or the specified action contains, an application for PACC permission or a PACC application.| (2) Despite section 50(1), a determination under subsection (1) may be made by a single Judge of the Court of Appeal. |
(3) If the Court of Appeal makes a determination under subsection (1) that the specified application is, or the specified action contains, an application for PACC permission or a PACC application, the Court of Appeal may —| (a) | proceed to determine the specified application, or that part of the specified action containing an application for PACC permission or a PACC application, in accordance with section 60G or 60H, as the case may be; or | | (b) | strike out the specified application or specified action, in whole or in part. |
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(4) The Court of Appeal may, in making any determination under subsection (1), do one or both of the following:| (a) | make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary; | | (b) | take additional evidence. |
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(5) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (4) —| (a) | where the determination under subsection (1) is being made by a single Judge of the Court of Appeal — take such evidence itself; or | | (b) | where the determination under subsection (1) is being made by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. [Act 41 of 2022 wef 28/06/2024] |
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| Operation of Division 1B of Part 20 of Criminal Procedure Code 2010 |
| 60K. Nothing in this Division affects the operation of Division 1B of Part 20 of the Criminal Procedure Code 2010. [Act 41 of 2022 wef 28/06/2024] |
| Stay of execution of death sentence |
| 60L. Despite anything in this Act or any other written law, a stay of execution of the death sentence may only be granted by the Court of Appeal. [Act 41 of 2022 wef 28/06/2024] |
| Power of Court of Appeal to make finding of abuse of process when dealing with application or action |
60M.—(1) When dealing with any application or action, the Court of Appeal may, on its own motion or upon the application of the Attorney‑General or the Public Prosecutor, decide whether to make a finding that a PACP, or a counsel for a PACP, has in the commencement, continuation or conduct of the proceedings relating to the application or action —| (a) | committed an abuse of process, in the case of a relevant application; or | | (b) | committed an abuse of process in order to delay or frustrate the carrying out of the sentence of death imposed on the PACP, in the case of an application (other than a relevant application) or action. |
(2) In deciding whether to make a finding under subsection (1), the Court of Appeal may inquire into and take into account the following matters:| (a) | in relation to an application for PACC permission —| (i) | whether the PACC application to be made is based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; | | (ii) | whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in sub‑paragraph (i) and the reasons for the delay; and | | (iii) | whether the PACP has complied with section 60G(4); |
| | (b) | in relation to a PACC application —| (i) | whether the PACC application was based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; | | (ii) | whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in sub‑paragraph (i) and the reasons for the delay; and | | (iii) | whether the PACP has complied with section 60H(2); |
| | (c) | in relation to an application for review permission —| (i) | whether the PACP has complied with the conditions or the requirements in sections 394G, 394J and 394K of the Criminal Procedure Code 2010; | | (ii) | whether the application for review permission was filed within a reasonable time after the PACP or counsel for the PACP had obtained the material mentioned in section 394J(2) of the Criminal Procedure Code 2010; and | | (iii) | whether the PACP has complied with section 394H(3) of the Criminal Procedure Code 2010; |
| | (d) | in relation to a review application —| (i) | whether the PACP has complied with the conditions or the requirements in sections 394G, 394J and 394K of the Criminal Procedure Code 2010; | | (ii) | whether the application for review permission granted in respect of the review application was filed within a reasonable time after the PACP or counsel for the PACP had obtained the material mentioned in section 394J(2) of the Criminal Procedure Code 2010; and | | (iii) | whether the PACP has complied with section 394I(2) of the Criminal Procedure Code 2010. |
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| (3) Despite section 50(1), where a relevant application is heard before a single Judge of the Court of Appeal, a finding under subsection (1) may be made by that Judge. |
(4) In deciding whether to make a finding under subsection (1), the Court of Appeal may, if it thinks additional evidence is necessary —| (a) | where the relevant application is being heard by a single Judge of the Court of Appeal — take such evidence itself; or | | (b) | where the relevant application is being heard by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. [Act 41 of 2022 wef 28/06/2024] |
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