Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 5 · Court of Appeal
60H. Hearing of PACC application
Feedback & supportLast amended by an amending law of 2022.
Subject to section 60I, where the Court of Appeal grants the application for PACC permission, the PACC application must be made to the Court of Appeal, and fixed for hearing, within such period as is prescribed by the Rules of Court.
court
“court” means the General Division, the Appellate Division, or the Court of Appeal;
The applicant in a PACC application must file such documents in support of that application, within such period, as are prescribed in the Rules of Court.
Rules of Court
“Rules of Court” means Rules of Court made under this Act and includes forms;
The respondent in a PACC application must file such documents in relation to that application, within such period, as are prescribed in the Rules of Court.
The Registrar or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3).
Registrar
“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and the Assistant Registrars;
The Court of Appeal which hears a PACC application may exercise any power and make any order that could have been exercised and made by the Appellate Division or the General Division (whether or not exercising its original jurisdiction).
Appellate Division
“Appellate Division” means the Appellate Division of the High Court;
A PACC application may, without being set down for hearing, be summarily dealt with by a written order of the Court of Appeal.
Before summarily refusing a PACC application under subsection (6), the Court of Appeal —
must consider the applicant’s written submissions, if any; and
may, but is not required to, consider the respondent’s written submissions, if any.
Except where subsection (7) applies, before summarily deciding a PACC application on its merits, the Court of Appeal —
must consider the applicant’s written submissions, if any; and
must consider the respondent’s written submissions, if any.
The Court of Appeal may —
before deciding a PACC application;
when granting a PACC application; or
when summarily granting a PACC application,do one or both of the following:
make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary;
take additional evidence.
The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (9), either take such evidence itself or have such evidence taken by one of the Judges of the Court of Appeal.