Singapore legislation

Clause 7

of Criminal Procedure Code (Amendment) Bill

Clause 7

Amendment of section 313

Section 313 of the principal Act is amended by deleting paragraphs (c) to (g) and substituting the following paragraphs:“(c)the trial Judge who tried the accused must, within a reasonable time after sentence has been pronounced, prepare a copy of the notes of evidence taken at the trial and a report in writing signed by him stating whether, in his opinion, there is any reason (and, if so, particulars of the reason) why the death sentence should be carried out;

(d)

the trial Judge must forward to the Court of Appeal the notes of evidence and report referred to in paragraph (c), within a reasonable time after being notified by the Registrar of the Supreme Court that a notice of appeal has been given or petition for confirmation has been lodged, as the case may be;

(e)

if the Court of Appeal dismisses the appeal or confirms the imposition of the sentence of death, then the Chief Justice or other presiding Judge must, within a reasonable time, forward to the Minister the notes of evidence and report referred to in paragraph (c), stating whether he agrees with the trial Judge, together with a notification of the decision of the Court of Appeal and also any report on the case that the Court of Appeal may think fit to make, signed by the Chief Justice or other presiding Judge;

(f)

the President must, acting in accordance with the Constitution —

(i)

transmit to the Court of Appeal a copy signed and sealed by him of any order he makes;

(ii)

if the sentence is to be carried out, state the time and place of execution of the sentence in the order; and

(iii)

if the person sentenced is pardoned or the sentence is commuted to another punishment, state this in the order;

(g)

on receiving the copy of the President’s order the Court of Appeal must, if the sentence is to be carried out, cause a warrant to be issued under the seal of the Supreme Court and signed by the Chief Justice or other presiding Judge, or in the absence thereof any other Judge of Appeal or High Court Judge, setting out the time and place of execution as prescribed in the order of the President;”.