§ 394F — 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;

“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]

[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]

—(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;

“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]

[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]

(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]

[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]