Criminal Procedure Code 2010 · 2020 Revised Edition · Part 20 · Appeals, Points Reserved, Revisions and Criminal Motions
378. Petition of appeal
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or the appellant’s advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court).
advocate
“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;
The petition of appeal must be signed by the appellant or the appellant’s advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error.
signed
“signed” or “signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;
Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if the appellant does so, the appellant must serve the notice on the other party to the appeal on the date of the filing.
Registrar of the Supreme Court
“Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar of the Supreme Court;
The appellant may, after the appellant had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek permission of court to withdraw the appeal.
writing
“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.
Despite section 386(1) and (2), where every party to the appeal consents to the withdrawal of the appeal, a single Judge of the General Division of the High Court, or of the Court of Appeal, respectively, may summarily give permission to withdraw the appeal without the appeal being set down for hearing.
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;
Except with the permission of the appellate court, the appellant is not permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal.
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;
Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court must notify the Registrar of the State Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution immediately ceases to have effect.
Registrar of the State Courts
“Registrar of the State Courts” means the registrar of the State Courts, and includes a deputy registrar of the State Courts;