Power to call for records of State Courts
400.—(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State Court to satisfy itself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of those proceedings.[5/2014; 40/2019]
(2) No application may be made by any party under this section in relation to any judgment, sentence or order which the party could have appealed against but had failed to do so in accordance with the law unless the application is made —(a)
against a failure by a court to impose the mandatory minimum sentence or any other sentence required by written law; or
(b)
against a sentence imposed by a court which the court is not competent to impose.
—(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State Court to satisfy itself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of those proceedings.[5/2014; 40/2019]
(2) No application may be made by any party under this section in relation to any judgment, sentence or order which the party could have appealed against but had failed to do so in accordance with the law unless the application is made —(a)
against a failure by a court to impose the mandatory minimum sentence or any other sentence required by written law; or
(b)
against a sentence imposed by a court which the court is not competent to impose.
Powers of General Division of High Court on revision
401.—(1) On examining a record under revision in this Division, the General Division of the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.[40/2019]
(2) The General Division of the High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392.[40/2019]
(3) The General Division of the High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate.[40/2019]
(4) This section does not authorise the General Division of the High Court to convert an acquittal into a conviction.[40/2019]
—(1) On examining a record under revision in this Division, the General Division of the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.[40/2019]
(2) The General Division of the High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392.[40/2019]
(3) The General Division of the High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate.[40/2019]
(4) This section does not authorise the General Division of the High Court to convert an acquittal into a conviction.[40/2019]
Orders on revision
402. Where a case is revised under this Division, the General Division of the High Court must certify its decision or order to the State Court which recorded or passed the judgment, sentence or order and that Court must make the requisite orders to give effect to the decision or order.[5/2014; 40/2019]
Permission for parties to appear
403.—(1) No party has any right to be heard either personally or by advocate before the General Division of the High Court when the General Division of the High Court is exercising its powers of revision under this Division or Division 4.[40/2019]
(2) The General Division of the High Court may, if it thinks fit, when exercising its powers of revision under this Division, hear any party either personally or by advocate, and nothing in this section is deemed to affect sections 401(3) and 404(4).[40/2019]
—(1) No party has any right to be heard either personally or by advocate before the General Division of the High Court when the General Division of the High Court is exercising its powers of revision under this Division or Division 4.[40/2019]
(2) The General Division of the High Court may, if it thinks fit, when exercising its powers of revision under this Division, hear any party either personally or by advocate, and nothing in this section is deemed to affect sections 401(3) and 404(4).[40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
