§ 394A — 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]

(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]

—(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]

(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]