s 60G Application for permission to make PACC application
60G.—(1) Subject to section 60I, before making a PACC application, the applicant must apply to the Court of Appeal for, and obtain, the permission of that court to do so. (2) Despite section 50(1), an application for PACC permission may be heard and determined by a single Judge of the Court of Appeal. (3) An application for PACC permission must be fixed for hearing within such period as is prescribed by the Rules of Court. (4) The applicant in an application for PACC permission must file written submissions in support of that application, and such other documents as are prescribed in the Rules of Court, within such periods as are prescribed in the Rules of Court. (5) The respondent in an application for PACC permission may file written submissions in relation to that application within such period as is prescribed in the Rules of Court. (6) The Registrar or any Supreme Court Judge may extend or abridge any period mentioned in subsection (3), (4) or (5). (7) In deciding whether or not to grant an application for PACC permission, the Court of Appeal must consider the following matters:(a) whether the PACC application to be made is based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; (b) whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in paragraph (a) and the reasons for the delay; (c) whether subsection (4) is complied with; (d) whether the PACC application to be made has a reasonable prospect of success. (8) An application for PACC permission may, without being set down for hearing, be summarily dealt with by a written order of the Court of Appeal. (9) Before summarily refusing an application for PACC permission under subsection (8), the Court of Appeal, in addition to considering the matters mentioned in subsection (7) —(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. (10) Before summarily granting an application for PACC permission, the Court of Appeal, in addition to considering the matters mentioned in subsection (7) —(a) must consider the applicant’s written submissions, if any; and (b) must consider the respondent’s written submissions, if any. (11) The Court of Appeal may —(a) before deciding any application for PACC permission; (b) when granting an application for PACC permission; or (c) when summarily granting an application for PACC permission, do one or both of the following: (d) make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary; (e) take additional evidence. (12) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (11) —(a) where the application for PACC permission is dealt with by a single Judge of the Court of Appeal — take such evidence itself; or (b) where the application for PACC permission is dealt with by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. (13) If the Court of Appeal does not grant the application for PACC permission, no further proceedings may be taken in respect of the PACC application. (14) Subsection (13) does not prevent the taking of any proceedings against the PACP’s counsel (if any) in relation to the counsel’s conduct in the application for PACC permission. (15) Despite any provision in this section, if an application for PACC permission is made by a PACP, and prior to the making of that application, the applicant is found by the Court of Appeal —(a) to have abused the process of the court in relation to a relevant application that was filed on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022; or (b) to have abused the process of the court in order to delay or frustrate the carrying out of the sentence of death in relation to an application (other than a relevant application) or action that was filed on or after the date mentioned in paragraph (a), the Court of Appeal must not grant the application for PACC permission unless — (c) the PACP adduces material (being evidence or legal arguments) that was not adduced in court before the date of the most recent of any such finding of abuse of process by the Court of Appeal; and (d) the material could not, even with reasonable diligence, have been adduced in court before the date mentioned in paragraph (c).[Act 41 of 2022 wef 28/06/2024]