(1)Where the High Court passes a sentence of death on an accused and no appeal is filed by the accused within the time allowed under this Code for an appeal, the Public Prosecutor shall, on the expiry of 90 days after the time allowed under this Code for appeal, lodge a petition for confirmation with the Registrar of the Supreme Court and serve the petition on the accused.
Section history
Section 394A — Public Prosecutor to file petition for confirmation
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Subsection (1) — Original text to 31 October 2018superseded
Subsection (1) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(1)Where the General Division of the 2021High 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 shall2021must2021 transmit to the Court of Appeal, the Public Prosecutor, and the accused or his2021the accused’s2021 advocate, a signed copy of the record of the proceedings and the grounds of decision free of charge.