Application for permission to make review application
11.—(1) For the purposes of section 394H(2) of the Code, an application for permission must be fixed for hearing within 21 days after the date on which the application for permission is filed.
[S 267/2022 wef 01/04/2022]
(2) For the purposes of section 394H(3) of the Code, the other documents that the applicant in an application for permission must file are as follows:
(a)
where the applicant is represented by an advocate, an affidavit made by the applicant’s advocate stating all of the following matters:
(i)
the reason why it is necessary to review the earlier decision of the appellate court;
(ii)
the material (being evidence or legal arguments) that will be relied on in the review application;
(iii)
there is good reason why the material could not have been adduced in court earlier, at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made;
(iv)
the details of the reason mentioned in sub‑paragraph (iii);
(v)
the advocate genuinely believes the review application to be of merit;
(vi)
the advocate is satisfied that the legal arguments that will be relied on in the review application are new, and were not dismissed by the appellate court during the proceedings in the criminal matter in respect of which the earlier decision was made;
(vii)
the advocate is aware of the consequences of making a false statement in the affidavit;
(b)
where the applicant is not represented by an advocate, an affidavit made by the applicant stating all of the following matters:
(i)
the reason why it is necessary to review the earlier decision of the appellate court;
(ii)
the material (being evidence or legal arguments) that will be relied on in the review application;
(iii)
there is good reason why the material could not have been adduced in court earlier, at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made;
(iv)
the details of the reason mentioned in sub‑paragraph (iii);
(c)
any other affidavit in support of the application for permission.
[S 267/2022 wef 01/04/2022]
[S 267/2022 wef 01/04/2022]
(3) For the purposes of section 394H(3) of the Code, the applicant in an application for permission must file written submissions in support of that application, and the other documents mentioned in paragraph (2), at the same time as the filing of that application.
[S 55/2019 wef 31/01/2019]
[S 267/2022 wef 01/04/2022]
(4) The applicant in an application for permission must serve that application, and the other documents mentioned in paragraph (2), on the respondent in that application.
[S 55/2019 wef 31/01/2019]
[S 267/2022 wef 01/04/2022]
(5) For the purposes of section 394H(4) of the Code, the respondent in an application for permission may file written submissions in relation to that application within 3 days after the date on which that application is filed and served on the respondent.
[S 267/2022 wef 01/04/2022]
(6) The respondent in an application for permission may also file, within 3 days after the date on which that application is filed and served on the respondent, an affidavit in support of the written submissions mentioned in paragraph (5).
[S 267/2022 wef 01/04/2022]
[S 267/2022 wef 01/04/2022]
Hearing of review application
12.—(1) For the purposes of section 394I(1) of the Code, where the appellate court grants permission to make a review application, the review application must be made to the appellate court within 3 days after the date on which the permission is granted.
[S 267/2022 wef 01/04/2022]
(2) For the purposes of section 394I(1) of the Code, a review application must be fixed for hearing within 21 days after the date on which the review application is made.
(3) For the purposes of section 394I(2) of the Code, the applicant in a review application must —
(a)
file any affidavit in support of the review application within the day on which the review application is made; and
(b)
file written submissions in support of the review application within 3 days after the date on which the review application is made.
(4) The applicant in a review application must serve that application, and any affidavit in support of that application, on the respondent in that application within the day on which that application is made.
(5) For the purposes of section 394I(3) of the Code, the respondent in a review application must file written submissions in relation to the review application within 3 days after the date on which the review application is made and served on the respondent.
(6) The respondent in a review application may file, within 3 days after the date on which the review application is made and served on the respondent, an affidavit in support of the written submissions mentioned in paragraph (5).
(7) The parties to a review application must exchange their written submissions within 3 days after the date on which that application is made.