§ 394I — Hearing of review application

394I.—(1) Where the appellate court grants permission to make a review application, the review application must be made to the appellate court, and fixed for hearing, within such period as is prescribed by the Criminal Procedure Rules.[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(2) The applicant in a review application must file such documents in support of that application, within such period, as are prescribed in the Criminal Procedure Rules.[19/2018]

(3) The respondent in a review application must file such documents in relation to that application, within such period, as are prescribed in the Criminal Procedure Rules.[19/2018]

(4) The Registrar of the Supreme Court or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3).[14/2019; 40/2019]

(5) A review application is to be heard —(a)

in any case where the appellate court is the Court of Appeal — by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal; or

(b)

in any case where the appellate court is the General Division of the High Court — by a single Judge or, if the Chief Justice so directs, by 3 or any greater uneven number of Judges.[19/2018; 40/2019]

(6) The appellate court may hear a review application and any related specified application at the same time or one immediately after another.[19/2018]

[Act 41 of 2022 wef 28/06/2024]

(7) Despite subsections (1), (5) and (6) —(a)

the Court of Appeal may hear a review application made to the General Division of the High Court in respect of an earlier decision of the General Division of the High Court;

(b)

the Court of Appeal may hear a civil application, made to the General Division of the High Court or to the Appellate Division of the High Court, that is related to a review application (whether made to the Court of Appeal or to the General Division of the High Court);

(c)

where the Court of Appeal so orders, the Court of Appeal may hear a review application (whether made to the Court of Appeal or to the General Division of the High Court) and any related specified application (whether made to the Court of Appeal, to the Appellate Division of the High Court or to the General Division of the High Court) at the same time or one immediately after another; and[Act 41 of 2022 wef 28/06/2024]

(d)

every review application or specified application heard by the Court of Appeal under this subsection is to be heard by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal.[19/2018; 40/2019]

[Act 41 of 2022 wef 28/06/2024]

(8) An appellate court, which hears a review application in respect of an earlier decision of that court, may exercise any power and make any order that could have been exercised and made, respectively, by the court that made the earlier decision.[19/2018]

(9) Where the appellate court is the General Division of the High Court, but a review application made in respect of an earlier decision of the appellate court is heard by the Court of Appeal —(a)

the Court of Appeal may exercise any power and make any order that could have been exercised and made, respectively, by the appellate court that made the earlier decision; and

(b)

any reference in this Division to the exercise of a power, or the doing of a thing, by the appellate court in relation to the review application includes a reference to the exercise of that power, or the doing of that thing, by the Court of Appeal.[19/2018; 40/2019]

(10) A review application may, without being set down for hearing, be summarily dealt with by a written order of the appellate court.[19/2018]

(11) Before summarily refusing a review application, the appellate court —(a)

must consider the applicant’s written submissions, if any; and

(b)

may, but is not required to, consider the respondent’s written submissions, if any.[19/2018]

(12) Except where subsection (11) applies, before summarily deciding a review application on its merits, the appellate court —(a)

must consider the applicant’s written submissions, if any; and

(b)

must consider the respondent’s written submissions, if any.[19/2018]

(13) The appellate court may —(a)

before deciding a review application;

(b)

when deciding a review application; or

(c)

when summarily deciding a review application,

do one or both of the following:

(d)

make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary;

(e)

take additional evidence.[Act 41 of 2022 wef 28/06/2024]

—(1) Where the appellate court grants permission to make a review application, the review application must be made to the appellate court, and fixed for hearing, within such period as is prescribed by the Criminal Procedure Rules.[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(2) The applicant in a review application must file such documents in support of that application, within such period, as are prescribed in the Criminal Procedure Rules.[19/2018]

(3) The respondent in a review application must file such documents in relation to that application, within such period, as are prescribed in the Criminal Procedure Rules.[19/2018]

(4) The Registrar of the Supreme Court or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3).[14/2019; 40/2019]

(5) A review application is to be heard —(a)

in any case where the appellate court is the Court of Appeal — by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal; or

(b)

in any case where the appellate court is the General Division of the High Court — by a single Judge or, if the Chief Justice so directs, by 3 or any greater uneven number of Judges.[19/2018; 40/2019]

(6) The appellate court may hear a review application and any related specified application at the same time or one immediately after another.[19/2018]

[Act 41 of 2022 wef 28/06/2024]

(7) Despite subsections (1), (5) and (6) —(a)

the Court of Appeal may hear a review application made to the General Division of the High Court in respect of an earlier decision of the General Division of the High Court;

(b)

the Court of Appeal may hear a civil application, made to the General Division of the High Court or to the Appellate Division of the High Court, that is related to a review application (whether made to the Court of Appeal or to the General Division of the High Court);

(c)

where the Court of Appeal so orders, the Court of Appeal may hear a review application (whether made to the Court of Appeal or to the General Division of the High Court) and any related specified application (whether made to the Court of Appeal, to the Appellate Division of the High Court or to the General Division of the High Court) at the same time or one immediately after another; and[Act 41 of 2022 wef 28/06/2024]

(d)

every review application or specified application heard by the Court of Appeal under this subsection is to be heard by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal.[19/2018; 40/2019]

[Act 41 of 2022 wef 28/06/2024]

(8) An appellate court, which hears a review application in respect of an earlier decision of that court, may exercise any power and make any order that could have been exercised and made, respectively, by the court that made the earlier decision.[19/2018]

(9) Where the appellate court is the General Division of the High Court, but a review application made in respect of an earlier decision of the appellate court is heard by the Court of Appeal —(a)

the Court of Appeal may exercise any power and make any order that could have been exercised and made, respectively, by the appellate court that made the earlier decision; and

(b)

any reference in this Division to the exercise of a power, or the doing of a thing, by the appellate court in relation to the review application includes a reference to the exercise of that power, or the doing of that thing, by the Court of Appeal.[19/2018; 40/2019]

(10) A review application may, without being set down for hearing, be summarily dealt with by a written order of the appellate court.[19/2018]

(11) Before summarily refusing a review application, the appellate court —(a)

must consider the applicant’s written submissions, if any; and

(b)

may, but is not required to, consider the respondent’s written submissions, if any.[19/2018]

(12) Except where subsection (11) applies, before summarily deciding a review application on its merits, the appellate court —(a)

must consider the applicant’s written submissions, if any; and

(b)

must consider the respondent’s written submissions, if any.[19/2018]

(13) The appellate court may —(a)

before deciding a review application;

(b)

when deciding a review application; or

(c)

when summarily deciding a review application,

do one or both of the following:

(d)

make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary;

(e)

take additional evidence.[Act 41 of 2022 wef 28/06/2024]