§ 394G — Conditions for making review application

394G.—(1) A review application cannot be made in respect of an earlier decision of an appellate court unless any of the following applies:(a)

the earlier decision is a decision of the appellate court on the merits of an appeal;

(b)

the earlier decision is a decision of the appellate court to dismiss an appeal under section 387(3) after the appellant fails to appear at the hearing of the appeal, and the appellate court does not reinstate the appeal under section 387(3);

(c)

where the appellate court is the Court of Appeal — the earlier decision is a decision of the Court of Appeal to issue a certificate under section 394E(1) confirming the imposition of the sentence of death on the accused;

(d)

where the appellate court is the Court of Appeal — the earlier decision is —(i)

a determination by the Court of Appeal of any question of law of public interest referred to the Court of Appeal under section 397; or

(ii)

an order made by the Court of Appeal under section 397(5).[19/2018]

(2) A review application cannot be made by the Public Prosecutor, unless the Public Prosecutor alleges that the earlier decision is tainted by fraud or a breach of the rules of natural justice, and that the integrity of the judicial process is thereby compromised.[19/2018]

—(1) A review application cannot be made in respect of an earlier decision of an appellate court unless any of the following applies:(a)

the earlier decision is a decision of the appellate court on the merits of an appeal;

(b)

the earlier decision is a decision of the appellate court to dismiss an appeal under section 387(3) after the appellant fails to appear at the hearing of the appeal, and the appellate court does not reinstate the appeal under section 387(3);

(c)

where the appellate court is the Court of Appeal — the earlier decision is a decision of the Court of Appeal to issue a certificate under section 394E(1) confirming the imposition of the sentence of death on the accused;

(d)

where the appellate court is the Court of Appeal — the earlier decision is —(i)

a determination by the Court of Appeal of any question of law of public interest referred to the Court of Appeal under section 397; or

(ii)

an order made by the Court of Appeal under section 397(5).[19/2018]

(2) A review application cannot be made by the Public Prosecutor, unless the Public Prosecutor alleges that the earlier decision is tainted by fraud or a breach of the rules of natural justice, and that the integrity of the judicial process is thereby compromised.[19/2018]