(1) This Act may be cited as the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Act 847
Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023
AKTA SEMAKAN HUKUMAN MATI DAN PEMENJARAAN SEPANJANG HAYAT (BIDANG KUASA SEMENTARA MAHKAMAH PERSEKUTUAN) 2023
An Act to provide for the temporary revisionary jurisdiction of the Federal Court to review the sentence of death and imprisonment for natural life imposed on a convicted person following the abolition of the mandatory death penalty and amendment to the relating laws.
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(1) Where a sentence of death is affirmed or passed by the Federal Court under the Penal Code [Act 574], the Arms Act 1960 [Act 206], the Firearms (Increased Penalties) Act 1971 [Act 37], the Dangerous Drugs Act 1952 [Act 234] and the Kidnapping Act 1961 [Act 365] before the coming into operation of this Act
and notwithstanding that an application for pardon under Article 42 of the Federal Constitution has been rejected, the Federal Court shall, in addition to the powers conferred on it under any written law, have the power to review the sentence following the amendments made by the Abolition of Mandatory Death Penalty Act 2023.
(2) In exercising its powers under subsection (1), the Federal Court shall not review the conviction of any person who is sentenced to death.
(3) For the purpose of reviewing the sentence of death, the Federal Court shall call for and examine the record of proceedings, grounds of judgment and other relevant documents, if any.
(4) Upon reviewing the application, the Federal Court shall affirm or substitute the sentence of the applicant in accordance with the Penal Code, the Arms Act 1960, the Firearms (Increased Penalties) Act 1971, the Dangerous Drugs Act 1952 and the Kidnapping Act 1961 as amended by the Abolition of Mandatory Death Penalty Act 2023.
(1) For the purposes of subsection 2(1), any person who is sentenced to death may make an application in writing to the Federal Court within ninety days from the date of coming into operation of this Act.
(2) Upon receiving an application under subsection (1), the Federal Court shall review the sentence of death.
(3) The Federal Court may extend the time specified under subsection (1) if it considers that there is a good reason for doing so.
(4) Any application under subsection (1) may only be made once by the person.
s 4Temporary revisionary jurisdiction of the Federal Court on sentence of imprisonment for natural lifeOpen ↗
(1) Notwithstanding that an application for pardon has been determined in accordance with Article 42 of the Federal Constitution, the Federal Court shall, in addition to the powers conferred on it under any written law, have the power to review the sentence of imprisonment for natural life of any person who is serving that sentence under any written law and has exhausted all other judicial proceedings before the coming into operation of this Act.
(2) In exercising its powers under subsection (1), the Federal Court shall only review the term of the sentence of imprisonment for natural life.
(3) For the purpose of determining the term of the sentence of imprisonment for natural life, the Federal Court shall call for and examine the record of proceedings, grounds of judgment and other relevant documents, if any.
(4) Upon reviewing the application, the Federal Court shall substitute the sentence of imprisonment for natural life with imprisonment for a term of not less than thirty years but not exceeding forty years.
(5) For the purposes of this Act, “imprisonment for natural life” means imprisonment until the death of the person on whom the sentence is imposed.
(1) For the purposes of subsection 4(1), any person who is serving a sentence of imprisonment for natural life may make an application in writing to the Federal Court within ninety days from the date of coming into operation of this Act.
(2) Upon receiving an application under subsection (1), the Federal Court shall review the sentence of imprisonment of natural life.
(3) The Federal Court may extend the time specified under subsection (1) if it considers that there is a good reason for doing so.
(4) Any application under subsection (1) may only be made once by the person.
Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik).
DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW23/0560 16-06-2023
Cite this legislation
- Official citation
- Act 847
- Source
- lom.agc.gov.my
- Data synced
- Licence
- MY-CopyrightAct1987-s3-official-text-exclusion ↗
Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 [Act 847] (lom.agc.gov.my, MY-CopyrightAct1987-s3-official-text-exclusion). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-847
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).