s 60F Interpretation of this Division
60F. In this Division, unless the context otherwise requires —“application for PACC permission” means an application for permission to make a PACC application; “application for review permission” means an application for permission to make a review application; “counsel” means any advocate and solicitor; “Judge of the Court of Appeal” means a Judge sitting in the Court of Appeal in accordance with this Act and the Constitution; “PACP” means a prisoner awaiting capital punishment; “post-appeal application in a capital case” or “PACC application” means any application (not being a review application) —(a) made by a PACP after the relevant date; and (b) to which either of the following applies:(i) the application is for a stay of the execution of the death sentence on the PACP; (ii) the determination of the application calls into question, or may call into question, the propriety of the conviction of, the imposition of the sentence of death on, or the carrying out of the sentence of death on, the PACP;Examples Examples of an application made by a PACP the determination of which calls into question, or may call into question, the propriety of the conviction of, the imposition of the sentence of death on, or the carrying out of the sentence of death on, the PACP are — (a) an application challenging the President’s order; (b) an application challenging the manner in which the death sentence is to be carried out; (c) an application challenging the imposition of the sentence of death as a form of punishment (such as an application alleging that the death penalty is an unlawful deprivation of life under Article 9(1) of the Constitution); (d) an application challenging the Public Prosecutor’s decision not to certify that the PACP has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore, under section 33B(2)(b) of the Misuse of Drugs Act 1973; and (e) an application challenging the Public Prosecutor’s decision to institute and conduct proceedings against the PACP for an offence punishable with death. “President’s order”, in relation to a PACP, means the order of the President under section 313(1)(f) of the Criminal Procedure Code 2010 stating that the sentence of death is to be carried out against the PACP; “relevant application” means —(a) an application for PACC permission; (b) a PACC application; (c) an application for review permission; or (d) a review application; “relevant date” means —(a) in relation to the first PACC application by a PACP —(i) the date of dismissal of the appeal by the Court of Appeal (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) in relation to the offence for which the sentence of death was imposed on the PACP; (ii) the date of imposition of the sentence of death by the Court of Appeal (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) in an appeal against the acquittal of the PACP of an offence punishable with death, or against a non‑capital sentence imposed on the PACP; or (iii) the date of the issuance by the Court of Appeal of a certificate (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) confirming the imposition of the sentence of death on the PACP; and (b) in relation to the second or any subsequent PACC application (called the instant application) by a PACP —(i) the date mentioned in paragraph (a); or (ii) if prior to the making of the instant application, there has been a determination of —(A) any application for PACC permission (not being an application for PACC permission for the instant application); or (B) any PACC application, in relation to the PACP, the date of the most recent of any such determination; “review application” means a review application within the meaning of section 394F of the Criminal Procedure Code 2010 where the application is to review an earlier decision of the Court of Appeal relating to the offence for which the sentence of death was imposed on a PACP.[Act 41 of 2022 wef 28/06/2024]