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]
Court of Appeal to review sentence of death
394B. The Court of Appeal must examine the record of proceedings and the grounds of decision and must satisfy itself as to the correctness, legality and propriety of —(a)
the conviction of the accused for the offence for which the sentence of death is imposed; and
(b)
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law.[33/2012]
Powers of Court of Appeal in petition for confirmation
394C. The Court of Appeal may in any proceeding relating to a petition for confirmation exercise such powers as it may exercise in an appeal by the accused.[33/2012]
Permission for parties to be heard
394D.—(1) No party has the right to be heard either personally or by advocate before the Court of Appeal in any proceeding relating to a petition for confirmation.[33/2012]
(2) The Court of Appeal may, if it thinks fit, hear any party either personally or by advocate.[33/2012]
—(1) No party has the right to be heard either personally or by advocate before the Court of Appeal in any proceeding relating to a petition for confirmation.[33/2012]
(2) The Court of Appeal may, if it thinks fit, hear any party either personally or by advocate.[33/2012]
Orders on review
394E.—(1) If the Court of Appeal is satisfied as to the correctness, legality and propriety of —(a)
the conviction of the accused for the offence for which the sentence of death is imposed; or
(b)
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law,
it must issue a certificate to the Public Prosecutor and the accused or the accused’s advocate confirming the imposition of the sentence of death on the accused.
[33/2012]
(2) If the Court of Appeal is not satisfied as to the correctness, legality and propriety of —(a)
the conviction of the accused for the offence for which the sentence of death is imposed; or
(b)
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law,
it must set aside the sentence of death, and may make such further order as it deems fit.
[33/2012]
—(1) If the Court of Appeal is satisfied as to the correctness, legality and propriety of —(a)
the conviction of the accused for the offence for which the sentence of death is imposed; or
(b)
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law,
it must issue a certificate to the Public Prosecutor and the accused or the accused’s advocate confirming the imposition of the sentence of death on the accused.
[33/2012]
(2) If the Court of Appeal is not satisfied as to the correctness, legality and propriety of —(a)
the conviction of the accused for the offence for which the sentence of death is imposed; or
(b)
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law,
it must set aside the sentence of death, and may make such further order as it deems fit.
[33/2012]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
