Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 5 · Court of Appeal
60J. Court of Appeal may determine whether application is, or action contains, application for PACC permission or PACC application, etc.
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Where any application or action by a PACP (called in this section the specified application or specified action, as the case may be) is filed in a court other than the Court of Appeal, the Court of Appeal may determine whether the specified application is, or the specified action contains, an application for PACC permission or a PACC application.
court
“court” means the General Division, the Appellate Division, or the Court of Appeal;
Despite section 50(1), a determination under subsection (1) may be made by a single Judge of the Court of Appeal.
Judge
“Judge” means a Supreme Court Judge, a Judicial Commissioner, a Senior Judge or an International Judge, and —(a)in relation to the General Division, means a Judge sitting in that Division in accordance with the Constitution and this Act;(b)in relation to the Appellate Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; and(c)in relation to the Court of Appeal, means a Judge sitting in that Court in accordance with the Constitution and this Act;
If the Court of Appeal makes a determination under subsection (1) that the specified application is, or the specified action contains, an application for PACC permission or a PACC application, the Court of Appeal may —
proceed to determine the specified application, or that part of the specified action containing an application for PACC permission or a PACC application, in accordance with section 60G or 60H, as the case may be; or
strike out the specified application or specified action, in whole or in part.
The Court of Appeal may, in making any determination under subsection (1), 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 (4) —
where the determination under subsection (1) is being made by a single Judge of the Court of Appeal — take such evidence itself; or
where the determination under subsection (1) is being made by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges.