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In forceAmended2020 Revised Edition
Contents

Part 20 · Appeals, Points Reserved, Revisions and Criminal Motions

394A. Public Prosecutor to file petition for confirmation

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Amended

Last amended by an amending law of 2019. 3 amendments in all.

(1)

Where the General Division of the High Court passes a sentence of death on an accused —

(a)

if there is no appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal — the Public Prosecutor must, on the expiry of 90 days after the time allowed under this Code for an appeal —

(i)

lodge a petition for confirmation with the Registrar of the Supreme Court; and

(ii)

serve the petition on the accused; or

(b)

if there is an appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal, but the accused subsequently withdraws that appeal — the Public Prosecutor must, on the expiry of 90 days after the date of the withdrawal of that appeal —

(i)

lodge a petition for confirmation with the Registrar of the Supreme Court; and

(ii)

serve the petition on the accused.

(2)

When a petition for confirmation has been lodged, the trial court must transmit to the Court of Appeal, the Public Prosecutor, and the accused or the accused’s advocate, a signed copy of the record of the proceedings and the grounds of decision free of charge.

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