Singapore legislation
Clause 27
Clause 27
Savings and transitional provisions
(1)
Where, on or after the appointed day, a person is convicted of a relevant offence committed before that day, he may be sentenced in accordance with section 33B of the principal Act if the court determines that the requirements referred to in that section are satisfied.
(2)
Where before the appointed day, a person is convicted of a relevant offence but is not yet sentenced, he may be sentenced in accordance with section 33B of the principal Act if the court determines that the requirements referred to in that section are satisfied after hearing any further arguments or admitting any further evidence.
(3)
Where before the appointed day, a person is convicted of and sentenced for a relevant offence and the time to lodge a notice of appeal as prescribed in Division 1 of Part XX of the Criminal Procedure Code (Cap. 68) is still current on the appointed day, the following provisions shall apply:
the person may not lodge an appeal against his conviction until after the High Court has affirmed the sentence of death imposed on him or re-sentenced him in accordance with paragraph (b);
the High Court shall, on the application of the person so convicted, determine whether the requirements referred to in section 33B of the principal Act are satisfied after hearing any further arguments or admitting any further evidence, and —
if the requirements referred to in section 33B of the principal Act are not satisfied, the High Court shall affirm the sentence of death imposed on the person; or
if the requirements referred to in section 33B of the principal Act are satisfied, the High Court shall re‑sentence the person in accordance with that section;
the decision of the High Court in paragraph (b) shall be deemed to be made in its original jurisdiction and an appeal may lie from such decision;
the provisions of Division 1 of Part XX of the Criminal Procedure Code relating to appeals shall apply to any appeal against the judgment, sentence or order of the High Court for the offence with which the person has been charged with the modification that any appeal must be lodged by the appellant with the Registrar of the Supreme Court within 14 days after the date of the affirmation of the sentence or the re-sentencing by the High Court;
if the High Court affirms the sentence of death imposed on the person or re-sentences the person to death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the person or a petition for confirmation lodged by the Public Prosecutor; and
section 313 of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or re‑sentencing of a person to death as if the affirmation or re‑sentencing were a sentence pronounced by the trial Judge.
(4)
Where on the appointed day, a person has been convicted of and sentenced for a relevant offence and the appeal which has been lodged in relation to that conviction is not yet heard, the following provisions shall apply:
the appeal by the person against his conviction shall be deemed to be withdrawn;
the High Court shall, on the application of the person so convicted, determine whether the requirements referred to in section 33B of the principal Act are satisfied after hearing any further arguments or admitting any further evidence, and —
if the requirements referred to in section 33B of the principal Act are not satisfied, the High Court shall affirm the sentence of death imposed on the person; or
if the requirements referred to in section 33B of the principal Act are satisfied, the High Court shall re‑sentence the person in accordance with that section;
the decision of the High Court in paragraph (b) shall be deemed to be made in its original jurisdiction and an appeal may lie from such decision;
the provisions of Division 1 of Part XX of the Criminal Procedure Code relating to appeals shall apply to any appeal against the judgment, sentence or order of the High Court for the offence with which the person has been charged with the modification that any appeal must be lodged by the appellant with the Registrar of the Supreme Court within 14 days after the date of the affirmation of the sentence or the re-sentencing by the High Court;
if the High Court affirms the sentence of death imposed on the person or re-sentences the person to death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the person or a petition for confirmation lodged by the Public Prosecutor; and
section 313 of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or re‑sentencing of a person to death as if the affirmation or re‑sentencing were a sentence pronounced by the trial Judge.
(5)
Where on the appointed day, a person has been convicted of and sentenced for a relevant offence and the appeal which has been lodged in relation to that conviction has been heard but is not yet determined, the following provisions shall apply:
the Court of Appeal shall proceed to determine the appeal;
if the Court of Appeal upholds the person’s conviction, the person may apply to the High Court to be re-sentenced in accordance with section 33B of the principal Act;
the High Court shall determine whether the requirements referred to in section 33B of the principal Act are satisfied after hearing any further arguments or admitting any further evidence, and —
if the requirements referred to in section 33B of the principal Act are not satisfied, affirm the sentence of death imposed on the person; or
if the requirements referred to in section 33B of the principal Act are satisfied, re-sentence the person in accordance with that section;
the decision of the High Court in paragraph (c) shall be deemed to be made in its original jurisdiction and an appeal may lie from such decision;
the provisions of Division 1 of Part XX of the Criminal Procedure Code relating to appeals shall apply to any appeal against the decision of the High Court under paragraph (c) with the modification that any appeal must be lodged by the appellant with the Registrar of the Supreme Court within 14 days after the date of the affirmation of the sentence or the re-sentencing by the High Court;
if the High Court affirms the sentence of death or re‑sentences the person to death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the person or a petition for confirmation lodged by the Public Prosecutor; and
section 313 of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or re‑sentencing of a person to death as if the affirmation or re‑sentencing were a sentence pronounced by the trial Judge.
(6)
Where on the appointed day, the Court of Appeal has dismissed an appeal brought by a person for a relevant offence, the following provisions shall apply:
the person may apply to the High Court to be re-sentenced in accordance with section 33B of the principal Act;
the High Court shall determine whether the requirements referred to in section 33B of the principal Act are satisfied after hearing any further arguments or admitting any further evidence, and —
if the requirements referred to in section 33B of the principal Act are not satisfied, affirm the sentence of death imposed on the person; or
if the requirements referred to in section 33B of the principal Act are satisfied, re-sentence the person in accordance with that section;
the decision of the High Court in paragraph (b) shall be deemed to be made in its original jurisdiction and an appeal may lie from such decision;
the provisions of Division 1 of Part XX of the Criminal Procedure Code relating to appeals shall apply to any appeal against the decision of the High Court under paragraph (b) with the modification that any appeal must be lodged by the appellant with the Registrar of the Supreme Court within 14 days after the date of the affirmation of the sentence or the re-sentencing by the High Court;
if the High Court affirms the sentence of death or re‑sentences the person to death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the person or a petition for confirmation lodged by the Public Prosecutor; and
section 313 of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or re‑sentencing of a person to death as if the affirmation or re‑sentencing were a sentence pronounced by the trial Judge.
(7)
If any Judge of the High Court, having heard the trial relating to a relevant offence, is unable for any reason to sentence, affirm the sentence or re-sentence a person under subsection (2), (3), (4), (5) or (6), as the case may be, any other Judge of the High Court may do so.
(8)
The Minister may, in relation to any provision of this Act, for a period of 2 years after the date of commencement of that provision, prescribe by regulations published in the Gazette such provisions of a savings or transitional nature consequent on the enactment of that provision as he considers necessary or expedient.
(9)
In this section —
Definition
“appointed day” means the date of commencement of this section;
Definition
“relevant offence” means an offence under section 5(1) or 7 of the principal Act, or an attempt to commit an offence under section 5(1) or 7 of the principal Act, and which offence is punishable by death under the sixth column of the Second Schedule to the principal Act.