Singapore legislation
Clause 13
Clause 13
New Division 1A of Part XX
Part XX of the principal Act is amended by inserting, immediately after section 394, the following Division:“Division 1A — Review of sentence of death when no appeal filedPublic Prosecutor to file petition for confirmation394A.—
Where the High Court passes a sentence of death on an accused and no appeal is filed by the accused within the time allowed under this Code for an appeal, the Public Prosecutor shall, on the expiry of 90 days after the time allowed under this Code for appeal, lodge a petition for confirmation with the Registrar of the Supreme Court and serve the petition on the accused.(2) When a petition for confirmation has been lodged, the trial court shall transmit to the Court of Appeal, the Public Prosecutor, and the accused or his advocate, a signed copy of the record of the proceedings and the grounds of decision free of charge.Court of Appeal to review sentence of death394B. The Court of Appeal shall examine the record of proceedings and the grounds of decision and shall satisfy itself as to the correctness, legality and propriety of —
the conviction of the accused for the offence for which the sentence of death is imposed; and
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law.Powers of Court of Appeal in petition for confirmation394C. 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.Permission for parties to be heard394D.—
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.(2) The Court of Appeal may, if it thinks fit, hear any party either personally or by advocate.Orders on review394E.—
If the Court of Appeal is satisfied as to the correctness, legality and propriety of —
the conviction of the accused for the offence for which the sentence of death is imposed; or
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law, it shall issue a certificate to the Public Prosecutor and the accused or his advocate confirming the imposition of the sentence of death on the accused.(2) If the Court of Appeal is not satisfied as to the correctness, legality and propriety of —
the conviction of the accused for the offence for which the sentence of death is imposed; or
the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law, it shall set aside the sentence of death, and may make such further order as it deems fit.”.