Interpretation of this Part
373. In this Part —“appellate court” —(a) means any court when exercising its appellate criminal jurisdiction; and (b) includes, for the purposes only of Division 1B, the Court of Appeal when exercising its jurisdiction under Division 1A or section 397; “trial court” means any court when exercising its original criminal jurisdiction.[19/2018]
When appeal may be made
374.—(1) An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law.[19/2018; 40/2019] (2) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law. (3) An appeal by the Public Prosecutor is to be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court. (4) An appeal by a person convicted by a trial court is to be against the person’s conviction, the sentence imposed on the person or an order of the trial court. (4A) No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence.[33/2012] (5) No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part 9 or 10.[5/2014] (6) To avoid doubt, any appeal against a decision of the General Division of the High Court is to be made to the Court of Appeal (and not to the Appellate Division of the High Court).[40/2019] —(1) An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law.[19/2018; 40/2019] (2) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law. (3) An appeal by the Public Prosecutor is to be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court. (4) An appeal by a person convicted by a trial court is to be against the person’s conviction, the sentence imposed on the person or an order of the trial court. (4A) No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence.[33/2012] (5) No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part 9 or 10.[5/2014] (6) To avoid doubt, any appeal against a decision of the General Division of the High Court is to be made to the Court of Appeal (and not to the Appellate Division of the High Court).[40/2019]
Limited right of appeal against plea of guilty
375. An accused who has pleaded guilty and has been convicted on that plea in accordance with this Code may appeal only against the extent or legality of the sentence.
Appeal against acquittal and sentence in private prosecutions
376.—(1) Where in any prosecution by a private person —(a) an accused has been acquitted by a court; or (b) an accused has been convicted and sentenced by a court, there is to be no appeal against the acquittal or the sentence (as the case may be) by the private person. (2) The Public Prosecutor may appeal against any judgment, sentence or order of a court in a private prosecution or may, by fiat, and on such terms and conditions as the Public Prosecutor thinks fit, permit a private person to pursue such appeal. —(1) Where in any prosecution by a private person —(a) an accused has been acquitted by a court; or (b) an accused has been convicted and sentenced by a court, there is to be no appeal against the acquittal or the sentence (as the case may be) by the private person. (2) The Public Prosecutor may appeal against any judgment, sentence or order of a court in a private prosecution or may, by fiat, and on such terms and conditions as the Public Prosecutor thinks fit, permit a private person to pursue such appeal.
Procedure for appeal
377.—(1) Subject to sections 374, 375 and 376, a person who is not satisfied with any judgment, sentence or order of a trial court in a criminal case or matter to which the person is a party may appeal to the appellate court against that judgment, sentence or order in respect of any error in law or in fact, or in an appeal against sentence, on the ground that the sentence imposed is manifestly excessive or manifestly inadequate.(2) A notice of appeal against any judgment, sentence or order of the trial court must be lodged by the appellant with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a District Court or a Magistrate’s Court) —(a) in the case of an appeal against conviction, or an appeal against conviction and sentence, within 14 days after the date of the sentence; and (b) in any other case, within 14 days after the date of the judgment, sentence or order.[33/2012; 5/2014; 40/2019] (3) Every notice of appeal must —(a) state shortly the substance of the judgment, sentence or order appealed against; (b) contain an address at which any notice or document connected with the appeal may be served upon the appellant or upon the appellant’s advocate; and (c) unless it is given orally under section 381, be signed by the appellant or the appellant’s advocate. (4) In the case of an appeal by the Public Prosecutor under this Part against the judgment, sentence or order of the General Division of the High Court hearing a criminal case, the notice of appeal must be signed by the Public Prosecutor only.[40/2019] (5) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is an accused or a complainant, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the appellant or the appellant’s advocate at the address mentioned in the notice of appeal, a notice that a copy each of the record of proceedings and the grounds of decision are available and can be had on applying for the same.[5/2014; 40/2019] (6) Subject to subsection (6A), where an appellant makes an application pursuant to subsection (5), the appellant must be served with a copy each of the record of proceedings and the grounds of decision upon the payment of the prescribed fee. (6A) The Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) may, as he or she thinks fit, furnish copies of the record of proceedings and the grounds of decision free of charge in any specific case or category of cases.[5/2014] (7) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is the Public Prosecutor, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the Public Prosecutor a copy each of the record of proceedings and the grounds of decision free of charge.[5/2014; 40/2019] —(1) Subject to sections 374, 375 and 376, a person who is not satisfied with any judgment, sentence or order of a trial court in a criminal case or matter to which the person is a party may appeal to the appellate court against that judgment, sentence or order in respect of any error in law or in fact, or in an appeal against sentence, on the ground that the sentence imposed is manifestly excessive or manifestly inadequate. (2) A notice of appeal against any judgment, sentence or order of the trial court must be lodged by the appellant with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a District Court or a Magistrate’s Court) —(a) in the case of an appeal against conviction, or an appeal against conviction and sentence, within 14 days after the date of the sentence; and (b) in any other case, within 14 days after the date of the judgment, sentence or order.[33/2012; 5/2014; 40/2019] (3) Every notice of appeal must —(a) state shortly the substance of the judgment, sentence or order appealed against; (b) contain an address at which any notice or document connected with the appeal may be served upon the appellant or upon the appellant’s advocate; and (c) unless it is given orally under section 381, be signed by the appellant or the appellant’s advocate. (4) In the case of an appeal by the Public Prosecutor under this Part against the judgment, sentence or order of the General Division of the High Court hearing a criminal case, the notice of appeal must be signed by the Public Prosecutor only.[40/2019] (5) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is an accused or a complainant, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the appellant or the appellant’s advocate at the address mentioned in the notice of appeal, a notice that a copy each of the record of proceedings and the grounds of decision are available and can be had on applying for the same.[5/2014; 40/2019] (6) Subject to subsection (6A), where an appellant makes an application pursuant to subsection (5), the appellant must be served with a copy each of the record of proceedings and the grounds of decision upon the payment of the prescribed fee. (6A) The Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) may, as he or she thinks fit, furnish copies of the record of proceedings and the grounds of decision free of charge in any specific case or category of cases.[5/2014] (7) After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is the Public Prosecutor, the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the Public Prosecutor a copy each of the record of proceedings and the grounds of decision free of charge.[5/2014; 40/2019]
Petition of appeal
378.—(1) Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or the appellant’s advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court).[5/2014; 40/2019] (2) The petition of appeal must be signed by the appellant or the appellant’s advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error. (3) Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn. (4) At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if the appellant does so, the appellant must serve the notice on the other party to the appeal on the date of the filing.[5/2014; 40/2019] (5) The appellant may, after the appellant had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek permission of court to withdraw the appeal.[Act 25 of 2021 wef 01/04/2022] (5A) Despite section 386(1) and (2), where every party to the appeal consents to the withdrawal of the appeal, a single Judge of the General Division of the High Court, or of the Court of Appeal, respectively, may summarily give permission to withdraw the appeal without the appeal being set down for hearing.[Act 25 of 2021 wef 01/04/2022] (6) Except with the permission of the appellate court, the appellant is not permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal.[Act 25 of 2021 wef 01/04/2022] (7) Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court must notify the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution immediately ceases to have effect.[5/2014] —(1) Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or the appellant’s advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court).[5/2014; 40/2019] (2) The petition of appeal must be signed by the appellant or the appellant’s advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error. (3) Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn. (4) At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if the appellant does so, the appellant must serve the notice on the other party to the appeal on the date of the filing.[5/2014; 40/2019] (5) The appellant may, after the appellant had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek permission of court to withdraw the appeal.[Act 25 of 2021 wef 01/04/2022] (5A) Despite section 386(1) and (2), where every party to the appeal consents to the withdrawal of the appeal, a single Judge of the General Division of the High Court, or of the Court of Appeal, respectively, may summarily give permission to withdraw the appeal without the appeal being set down for hearing.[Act 25 of 2021 wef 01/04/2022] (6) Except with the permission of the appellate court, the appellant is not permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal.[Act 25 of 2021 wef 01/04/2022] (7) Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court must notify the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution immediately ceases to have effect.[5/2014]
Records of court proceedings to be sent to appellate court and respondent
379. Where the petition of appeal has been filed under section 378, the trial court appealed from must send to the appellate court and the Public Prosecutor or to the respondent or the respondent’s advocate (as the case may be) a signed copy of the record of the proceedings, the grounds of decision, a copy of the notice of appeal and the petition of appeal.
Appeal specially allowed in certain cases
380.—(1) The appellate court may, on the application of any person debarred from appealing for non‑compliance with any provision of this Code, permit the person to appeal against any judgment, sentence or order if it considers it to be in the interests of justice, subject to such terms and conditions as the court thinks fit.(2) The appellate court may, on the application of the accused or the accused’s advocate, or the Public Prosecutor, permit an appeal to proceed to hearing without the grounds of decision, if the court considers it to be in the interest of justice and for reasons beyond the control of either party, subject to such terms and conditions as the court thinks fit. —(1) The appellate court may, on the application of any person debarred from appealing for non‑compliance with any provision of this Code, permit the person to appeal against any judgment, sentence or order if it considers it to be in the interests of justice, subject to such terms and conditions as the court thinks fit. (2) The appellate court may, on the application of the accused or the accused’s advocate, or the Public Prosecutor, permit an appeal to proceed to hearing without the grounds of decision, if the court considers it to be in the interest of justice and for reasons beyond the control of either party, subject to such terms and conditions as the court thinks fit.
Procedure when appellant in prison
381.—(1) If the appellant is in prison, he or she is deemed to have complied with the requirements in sections 377 and 378 if he or she gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within the times prescribed by those sections.(2) Such officer must immediately forward such notice and petition or their purport to the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be.[5/2014] —(1) If the appellant is in prison, he or she is deemed to have complied with the requirements in sections 377 and 378 if he or she gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within the times prescribed by those sections. (2) Such officer must immediately forward such notice and petition or their purport to the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be.[5/2014]
Bail pending appeal
382. A State Court or the General Division of the High Court may grant bail to a person who has filed a notice of appeal against the person’s conviction or sentence in accordance with section 377.[5/2014; 40/2019]
Stay of execution pending appeal
383.—(1) An appeal does not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non‑performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable.(2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed is to be excluded in computing the term of his or her sentence unless the appellate court orders otherwise. (3) In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the accused or a petition for confirmation by the Public Prosecutor.[33/2012] —(1) An appeal does not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non‑performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable. (2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed is to be excluded in computing the term of his or her sentence unless the appellate court orders otherwise. (3) In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the accused or a petition for confirmation by the Public Prosecutor.[33/2012]
Summary rejection of appeal
384.—(1) Where the grounds of appeal do not raise any question of law and it appears to the appellate court that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the appellate court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of a Judge or a presiding Judge (as the case may be) certifying that the appellate court, having perused the record, is satisfied that the appeal has been brought without any sufficient ground of complaint.(2) Where an appellate court comprises more than one Judge, the decision of the appellate court to reject the appeal summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the appellate court.[40/2019] (3) Notice of the rejection must be served on the appellant. (4) If, in any case rejected under subsection (1), the appellant gives, within 14 days of service of notice of the rejection on the appellant, notice to the Registrar of the Supreme Court of an application for permission to amend the appellant’s grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the appeal is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the appeal is made to the General Division of the High Court) may grant permission to amend the grounds of appeal accordingly and shall restore the appeal for hearing.[40/2019] [Act 25 of 2021 wef 01/04/2022] (5) For the purposes of subsection (4), the question whether a sentence ought to be reduced is deemed not to be a question of law. —(1) Where the grounds of appeal do not raise any question of law and it appears to the appellate court that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the appellate court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of a Judge or a presiding Judge (as the case may be) certifying that the appellate court, having perused the record, is satisfied that the appeal has been brought without any sufficient ground of complaint. (2) Where an appellate court comprises more than one Judge, the decision of the appellate court to reject the appeal summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the appellate court.[40/2019] (3) Notice of the rejection must be served on the appellant. (4) If, in any case rejected under subsection (1), the appellant gives, within 14 days of service of notice of the rejection on the appellant, notice to the Registrar of the Supreme Court of an application for permission to amend the appellant’s grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the appeal is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the appeal is made to the General Division of the High Court) may grant permission to amend the grounds of appeal accordingly and shall restore the appeal for hearing.[40/2019] [Act 25 of 2021 wef 01/04/2022] (5) For the purposes of subsection (4), the question whether a sentence ought to be reduced is deemed not to be a question of law.
Notice and time of hearing
385. If the appellate court does not reject the appeal summarily under section 384, it must cause notice to be given to the parties to the appeal of the time and place at which the appeal will be heard.
Appeal to be heard by one or more Judges
386.—(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.[40/2019] (2) An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal.[40/2019] (3) An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them. (4) If the Public Prosecutor requests in writing at any time —(a) before the hearing of an appeal before the General Division of the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or (b) before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges, and the Chief Justice consents to the request, the appeal must be heard by such a court. [40/2019] (5) In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal. —(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.[40/2019] (2) An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal.[40/2019] (3) An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them. (4) If the Public Prosecutor requests in writing at any time —(a) before the hearing of an appeal before the General Division of the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or (b) before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges, and the Chief Justice consents to the request, the appeal must be heard by such a court. [40/2019] (5) In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal.
Procedure at hearing
387.—(1) At the hearing of an appeal, the appellate court must hear the appellant or the appellant’s advocate, if the appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or the respondent’s advocate, if the respondent or the respondent’s advocate appears, and must hear the appellant or the appellant’s advocate in reply.(2) If the appellant is in custody and does not appear at the hearing to support the appellant’s appeal in person or by advocate, the appellate court may consider the appellant’s appeal and may make such order as it thinks fit. (3) If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that the appellant’s non‑appearance was not due to the appellant’s fault. —(1) At the hearing of an appeal, the appellate court must hear the appellant or the appellant’s advocate, if the appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or the respondent’s advocate, if the respondent or the respondent’s advocate appears, and must hear the appellant or the appellant’s advocate in reply. (2) If the appellant is in custody and does not appear at the hearing to support the appellant’s appeal in person or by advocate, the appellate court may consider the appellant’s appeal and may make such order as it thinks fit. (3) If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that the appellant’s non‑appearance was not due to the appellant’s fault.
Non-appearance of respondent
388.—(1) If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on the respondent, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear.(2) If the notice cannot be served on the respondent, or if the court is satisfied that the notice has been duly served on the respondent, and the respondent is absent at the hearing of the appeal, the court may hear the appeal in the respondent’s absence. —(1) If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on the respondent, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear. (2) If the notice cannot be served on the respondent, or if the court is satisfied that the notice has been duly served on the respondent, and the respondent is absent at the hearing of the appeal, the court may hear the appeal in the respondent’s absence.
Arrest of respondent in certain cases
389.—(1) Where the General Division of the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the General Division of the High Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of appeal by the Public Prosecutor.[40/2019] (2) Where the Public Prosecutor appeals against an acquittal after an application under subsection (1), the General Division of the High Court that acquitted the accused may commit him or her to prison pending the disposal of the appeal or admit him or her to bail.[40/2019] —(1) Where the General Division of the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the General Division of the High Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of appeal by the Public Prosecutor.[40/2019] (2) Where the Public Prosecutor appeals against an acquittal after an application under subsection (1), the General Division of the High Court that acquitted the accused may commit him or her to prison pending the disposal of the appeal or admit him or her to bail.[40/2019]
Decision on appeal
390.—(1) At the hearing of the appeal, the appellate court may, if it considers there is no sufficient ground for interfering dismiss the appeal, or may —(a) in an appeal from an order of acquittal —(i) reverse the order and direct that further inquiry is to be made or that the accused is to be retried, or remit the matter, with the opinion of the appellate court, to the trial court; or (ii) find the accused guilty and pass sentence on the accused according to law; (b) in an appeal from a conviction —(i) reverse the finding and sentence and acquit or discharge the accused or order the accused to be retried by a court of competent jurisdiction, or remit the matter, with the opinion of the appellate court, to the trial court; (ii) alter the finding, maintaining the sentence or, with or without altering the finding, reduce or enhance the sentence; or (iii) with or without reducing or enhancing the sentence, and with or without altering the finding, alter the nature of the sentence; (c) in an appeal as to sentence, reduce or enhance the sentence, or alter the nature of the sentence; or (d) in an appeal from any other order, alter or reverse the order. (2) Nothing in subsection (1) is to be taken to prevent the appellate court from making such other order in the matter as it may think just, and by such order exercise any power which the trial court might have exercised. (3) Despite section 375 and without limiting subsections (1) and (2), where an accused has pleaded guilty and been convicted on such plea, the appellate court may, upon hearing, in accordance with section 387, any appeal against the sentence imposed upon the accused —(a) set aside the conviction; (b) make such order in the matter as it may think just; and (c) by such order exercise any power which the trial court might have exercised. (4) Despite any provision in this Code or any written law to the contrary, when hearing an appeal against an order of acquittal or conviction or any other order, the appellate court may frame an altered charge (whether or not it attracts a higher punishment) if satisfied that, based on the records before the court, there is sufficient evidence to constitute a case which the accused has to answer. (5) If the offence stated in the altered charge is one that requires the Public Prosecutor’s consent under section 10, then the appeal must not proceed before such consent is obtained, unless the consent has already been obtained for a prosecution on the same facts as those on which the altered charge is based. (6) After the appellate court has framed an altered charge, it must ask the accused if the accused intends to offer a defence. (7) If the accused indicates that the accused intends to offer a defence, the appellate court may, after considering the nature of the defence —(a) order that the accused be tried by a trial court of competent jurisdiction; or (b) convict the accused on the altered charge (other than a charge which carries the death penalty) after hearing submissions on questions of law and fact and if it is satisfied that, based on its findings on the submissions and the records before the court, and after hearing submissions of the accused, there is sufficient evidence to do so. (8) If the accused indicates that the accused does not intend to offer a defence, the appellate court may —(a) convict the accused on the altered charge (other than a charge which carries the death penalty) if it is satisfied that, based on the records before the court, there is sufficient evidence to do so; or (b) order that the accused be tried by a trial court of competent jurisdiction, if it is not satisfied that, based on the records before the court, there is sufficient evidence to convict the accused on the altered charge. (9) At the hearing of the appeal, the appellate court may on the application of the Public Prosecutor, and with the consent of the accused, take into consideration any outstanding offences which the accused admits to have committed for the purposes of sentencing the accused. (10) The sentencing powers of the appellate court in the exercise of its appellate jurisdiction do not exceed the sentencing power of the trial court whose judgment, sentence or order is appealed against. (11) To avoid doubt, everything done by the appellate court under this section is done in the exercise of its appellate jurisdiction.[19/2018] —(1) At the hearing of the appeal, the appellate court may, if it considers there is no sufficient ground for interfering dismiss the appeal, or may —(a) in an appeal from an order of acquittal —(i) reverse the order and direct that further inquiry is to be made or that the accused is to be retried, or remit the matter, with the opinion of the appellate court, to the trial court; or (ii) find the accused guilty and pass sentence on the accused according to law; (b) in an appeal from a conviction —(i) reverse the finding and sentence and acquit or discharge the accused or order the accused to be retried by a court of competent jurisdiction, or remit the matter, with the opinion of the appellate court, to the trial court; (ii) alter the finding, maintaining the sentence or, with or without altering the finding, reduce or enhance the sentence; or (iii) with or without reducing or enhancing the sentence, and with or without altering the finding, alter the nature of the sentence; (c) in an appeal as to sentence, reduce or enhance the sentence, or alter the nature of the sentence; or (d) in an appeal from any other order, alter or reverse the order. (2) Nothing in subsection (1) is to be taken to prevent the appellate court from making such other order in the matter as it may think just, and by such order exercise any power which the trial court might have exercised. (3) Despite section 375 and without limiting subsections (1) and (2), where an accused has pleaded guilty and been convicted on such plea, the appellate court may, upon hearing, in accordance with section 387, any appeal against the sentence imposed upon the accused —(a) set aside the conviction; (b) make such order in the matter as it may think just; and (c) by such order exercise any power which the trial court might have exercised. (4) Despite any provision in this Code or any written law to the contrary, when hearing an appeal against an order of acquittal or conviction or any other order, the appellate court may frame an altered charge (whether or not it attracts a higher punishment) if satisfied that, based on the records before the court, there is sufficient evidence to constitute a case which the accused has to answer. (5) If the offence stated in the altered charge is one that requires the Public Prosecutor’s consent under section 10, then the appeal must not proceed before such consent is obtained, unless the consent has already been obtained for a prosecution on the same facts as those on which the altered charge is based. (6) After the appellate court has framed an altered charge, it must ask the accused if the accused intends to offer a defence. (7) If the accused indicates that the accused intends to offer a defence, the appellate court may, after considering the nature of the defence —(a) order that the accused be tried by a trial court of competent jurisdiction; or (b) convict the accused on the altered charge (other than a charge which carries the death penalty) after hearing submissions on questions of law and fact and if it is satisfied that, based on its findings on the submissions and the records before the court, and after hearing submissions of the accused, there is sufficient evidence to do so. (8) If the accused indicates that the accused does not intend to offer a defence, the appellate court may —(a) convict the accused on the altered charge (other than a charge which carries the death penalty) if it is satisfied that, based on the records before the court, there is sufficient evidence to do so; or (b) order that the accused be tried by a trial court of competent jurisdiction, if it is not satisfied that, based on the records before the court, there is sufficient evidence to convict the accused on the altered charge. (9) At the hearing of the appeal, the appellate court may on the application of the Public Prosecutor, and with the consent of the accused, take into consideration any outstanding offences which the accused admits to have committed for the purposes of sentencing the accused. (10) The sentencing powers of the appellate court in the exercise of its appellate jurisdiction do not exceed the sentencing power of the trial court whose judgment, sentence or order is appealed against. (11) To avoid doubt, everything done by the appellate court under this section is done in the exercise of its appellate jurisdiction.[19/2018]
Omission to frame charge
391.—(1) A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice.(2) If the appellate court is of such opinion, the appellate court must order a new trial. —(1) A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice. (2) If the appellate court is of such opinion, the appellate court must order a new trial.
Taking additional evidence
392.—(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.(2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken. (3) When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal. (4) The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict. (5) Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section. —(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court. (2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken. (3) When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal. (4) The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict. (5) Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section.
Death of party to appeal
393.—(1) Where a person has died —(a) any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and (b) where any relevant appeal was begun by the person while he or she was alive or is begun in relation to his or her case under paragraph (a), any further step which might have been taken by the person in connection with the appeal if he or she were alive may be taken by a person so approved.[40/2019] (2) The General Division of the High Court may only give an approval to —(a) the widow or widower of the deceased; (b) a person who is the personal representative of the deceased; or (c) any person appearing to the General Division of the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to the deceased.[40/2019] (3) An application for an approval may not be made after the end of the period of one year beginning with the date of death. (4) Where this section applies, any reference to the appellant in any written law is, where appropriate, to be construed as being or including a reference to the person approved under this section. (5) Unless the approval is given under subsection (2), every appeal commenced finally abates on the death of an accused. (6) In this section, “relevant appeal” means an appeal made under this Part. —(1) Where a person has died —(a) any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and (b) where any relevant appeal was begun by the person while he or she was alive or is begun in relation to his or her case under paragraph (a), any further step which might have been taken by the person in connection with the appeal if he or she were alive may be taken by a person so approved.[40/2019] (2) The General Division of the High Court may only give an approval to —(a) the widow or widower of the deceased; (b) a person who is the personal representative of the deceased; or (c) any person appearing to the General Division of the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to the deceased.[40/2019] (3) An application for an approval may not be made after the end of the period of one year beginning with the date of death. (4) Where this section applies, any reference to the appellant in any written law is, where appropriate, to be construed as being or including a reference to the person approved under this section. (5) Unless the approval is given under subsection (2), every appeal commenced finally abates on the death of an accused. (6) In this section, “relevant appeal” means an appeal made under this Part.
Grounds for reversal by appellate court
394. Any judgment, sentence or order of a trial court may be reversed or set aside only where the appellate court is satisfied that it was wrong in law or against the weight of the evidence or, in the case of a sentence, manifestly excessive or manifestly inadequate in all the circumstances of the case.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.