Criminal Procedure Code 2010 · 2020 Revised Edition · Part 13 · General Provisions Relating to Proceedings in Courts
238B. Summary dismissal of applications
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Any application may, without being set down for hearing, be summarily dismissed by a written order of the court, certifying that the court, having perused the application and any accompanying material, is satisfied that the application has been brought without any sufficient ground.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
Before summarily dismissing an application, the court —
must consider the applicant’s written submissions (if any); and
may, but is not required to, consider the respondent’s written submissions (if any).
Where the court comprises more than one Judge, the decision of the court to dismiss the application summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the court.
Judge
“Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act 1969;
Notice of the dismissal must be served on the applicant.
If, within 14 days after the service on the applicant of a notice of the dismissal of an application by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction or the Court of Appeal under subsection (1), the applicant gives to the Registrar of the Supreme Court —
Registrar of the Supreme Court
“Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court;
notice of an application for permission to amend the application so as to raise a question of law; and
a certificate signed by an advocate specifying the question to be raised and undertaking to argue it,the Chief Justice (in the case where the application is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the application is made to the General Division of the High Court) may grant permission to the applicant to amend the application accordingly and restore the application for hearing.
In this section —
“application” means any application under this Code and includes a criminal motion and an application under section 400 or 404, but does not include —
an appeal, an application for permission under section 394H(1), a review application or an application under section 397(1); or
an application under section 417(1) for an order for review of detention;
“review application” has the meaning given by section 394F(1).