Long Title

Part I PRELIMINARY

Part II CRIMINAL JURISDICTION OF SUBORDINATE COURTS

Part III POWERS OF ATTORNEY-GENERAL AND PUBLIC PROSECUTOR

Part IV INFORMATION TO POLICE AND POWERS OF INVESTIGATION

Division 1 — Duties of police officer on receiving information about offences

Division 2 — Search and seizure

Part V PREVENTION OF OFFENCES

Division 1 — Security for keeping peace and for good behaviour

Division 2 — Proceedings following order to provide security

Division 3 — Unlawful assemblies

Division 4 — Preventive action of police

Part VI ARREST AND BAIL AND PROCESSES TO COMPEL APPEARANCE

Division 1 — Arrest without warrant

Division 2 — Arrest with warrant

Division 3 — General provisions for arrests with or without warrant

Division 4 — Proclamation and attachment

Division 5 — Bails and bonds

Division 6 — Notice to attend court and bonds to appear in court

Division 7 — Surrender of travel document and requirement to remain in Singapore

Division 8 — Summons to appear in court

Part VII THE CHARGE

Part VIII INITIATION OF CRIMINAL PROCEEDINGS AND COMPLAINT TO MAGISTRATE

Part IX PRE-TRIAL PROCEDURES IN THE SUBORDINATE COURTS

Division 1 — General matters

Division 2 — Criminal case disclosure procedures

Division 3 — Non-compliance with Division 2

Division 4 — Where criminal case disclosure procedures do not apply

Part X PRE-TRIAL PROCEDURES IN HIGH COURT

Division 1 — General matters

Division 2 — Committal procedures for cases triable by High Court

Division 3 — Supplementary provisions to committal procedures

Division 4 — Non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

Division 6 — Non-compliance with certain requirements in Division 5

Part XI GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS

Division 1 — General pre-trial procedures

Division 2 — When accused pleads guilty electronically

Division 3 — Plead guilty procedures

Part XII PROCEDURE AT TRIAL IN ALL COURTS

Part XIII GENERAL PROVISIONS RELATING TO PROCEEDINGS IN COURTS

Division 1 — General provisions

Division 2 — Transfer of cases

Division 3 — Compounding of offences

Division 4 — Previous acquittals or convictions

Division 5 — Proceedings relating to persons of unsound mind

Part XIV EVIDENCE AND WITNESSES

Division 1 — Preliminary

Division 2 — Admissibility of certain types of evidence

Division 3 — Ancillary hearing

Division 4 — Special provisions relating to recording of evidence

Division 5 — Witnesses

Part XV JUDGMENT

Part XVI SENTENCES

Division 1 — Sentences in general

Division 2 — Sentence of caning

Division 3 — Suspensions, remissions and commutations of sentences

Part XVII COMMUNITY SENTENCES

Part XVIII COMPENSATION AND COSTS

Part XIX DISPOSAL OF PROPERTY

Part XX APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS

Division 1 — Appeals

Division 2 — Points reserved

Division 3 — Revision of proceedings before Subordinate Courts

Division 4 — Revision of orders made at criminal case disclosure conference

Division 5 — Criminal motions

Part XXI SPECIAL PROCEEDINGS

Division 1 — Proceedings in case of certain offences affecting administration of justice

Division 2 — Special proceedings — Order for review of detention

Part XXII MISCELLANEOUS

FIRST SCHEDULE Tabular Statement of Offences under the Penal Code

SECOND SCHEDULE Laws to Which Criminal Case Disclosure Procedures Apply

THIRD SCHEDULE Offences to Which Transmission Procedures Apply

FOURTH SCHEDULE Offences That May be Compounded by Victim

FIFTH SCHEDULE Types of Work

Legislative History

PART XX
APPEALS, POINTS RESERVED, REVISIONS AND
CRIMINAL MOTIONS
Division 1 — Appeals
Interpretation of this Part
373.  In this Part —
“appellate court” means any court when exercising its appellate criminal jurisdiction;
“trial court” means any court when exercising its original criminal jurisdiction.
When appeal may be made
374.
—(1)  An appeal against any judgment, sentence or order of a court may only be made as provided for by this Code or by any other written law.
(2)  An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.
(3)  An appeal by the Public Prosecutor shall be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court.
(4)  An appeal by a person convicted by a trial court shall be against his conviction, the sentence imposed on him or an order of the trial court.
(5)  No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the Subordinate Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part IX or X.
Limited right of appeal against plea of guilty
375.  An accused who has pleaded guilty and has been convicted on that plea in accordance with this Code may appeal only against the extent or legality of the sentence.
Appeal against acquittal and sentence in private prosecutions
376.
—(1)  Where in any prosecution by a private person —
(a)
an accused has been acquitted by a court; or
(b)
an accused has been convicted and sentenced by a court,
there shall be no appeal against the acquittal or the sentence, as the case may be, by the private person.
(2)  The Public Prosecutor may appeal against any judgment, sentence or order of a court in a private prosecution or he may, by fiat, and on such terms and conditions as he thinks fit, permit a private person to pursue such appeal.
Procedure for appeal
377.
—(1)  Subject to sections 374, 375 and 376, a person who is not satisfied with any judgment, sentence or order of a trial court in a criminal case or matter to which he is a party may appeal to the appellate court against that judgment, sentence or order in respect of any error in law or in fact, or in an appeal against sentence, on the ground that the sentence imposed is manifestly excessive or manifestly inadequate.
(2)  A notice of appeal against any judgment, sentence or order of the trial court must be lodged by the appellant within 14 days with the Registrar of the Supreme Court (if the trial court is the High Court) or the Registrar of the Subordinate Courts (if the trial court is a District Court or a Magistrate’s Court), from the date of that judgment, sentence or order.
(3)  Every notice of appeal must —
(a)
state shortly the substance of the judgment, sentence or order appealed against;
(b)
contain an address at which any notice or document connected with the appeal may be served upon the appellant or upon his advocate; and
(c)
unless it is given orally under section 381, be signed by the appellant or his advocate.
(4)  In the case of an appeal by the Public Prosecutor under this Part against the judgment, sentence or order of the High Court hearing a criminal case, the notice of appeal shall be signed by him only.
(5)  After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is an accused or a complainant, the Registrar of the Supreme Court (if the trial court is the High Court) or the Registrar of the Subordinate Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the appellant or his advocate at the address mentioned in the notice of appeal, a notice that a copy each of the record of proceedings and the grounds of decision are available and can be had on applying for the same.
(6)  Subject to subsection (6A), where an appellant makes an application pursuant to subsection (5), he shall be served with a copy each of the record of proceedings and the grounds of decision upon the payment of the prescribed fee.
[2/2012]
(6A)  The Registrar of the Subordinate Courts or the Registrar of the Supreme Court, as the case may be, may, as he thinks fit, furnish copies of the record of proceedings and the grounds of decision free of charge in any specific case or category of cases.
[2/2012]
(7)  After the notice of appeal has been lodged in accordance with subsection (2) by an appellant who is the Public Prosecutor, the Registrar of the Supreme Court (if the trial court is the High Court) or the Registrar of the Subordinate Courts (if the trial court is a Magistrate’s Court or District Court) must, as soon as possible, serve on the Public Prosecutor a copy each of the record of proceedings and the grounds of decision free of charge.
Petition of appeal
378.
—(1)  Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or his advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the High Court) or Registrar of the Subordinate Courts (if the trial court is a Magistrate’s Court or District Court).
(2)  The petition of appeal must be signed by the appellant or his advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error.
(3)  Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn.
(4)  At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the High Court) or the Registrar of the Subordinate Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if he does so, he must serve the notice on the other party to the appeal on the date of the filing.
(5)  The appellant may, after he had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek leave of court to withdraw the appeal.
(6)  Except with the leave of the appellate court, the appellant shall not be permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal.
(7)  Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court shall notify the Registrar of the Subordinate Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution shall immediately cease to have effect.
Records of court proceedings to be sent to appellate court and respondent
379.  Where the petition of appeal has been filed under section 378, the trial court appealed from must send to the appellate court and the Public Prosecutor or to the respondent or his advocate, as the case may be, a signed copy of the record of the proceedings, the grounds of decision, a copy of the notice of appeal and the petition of appeal.
Appeal specially allowed in certain cases
380.
—(1)  The appellate court may, on the application of any person debarred from appealing for non-compliance with any provision of this Code, permit him to appeal against any judgment, sentence or order if it considers it to be in the interests of justice, subject to such terms and conditions as the court thinks fit.
(2)  The appellate court may, on the application of the accused or his advocate, or the Public Prosecutor, permit an appeal to proceed to hearing without the grounds of decision, if the court considers it to be in the interest of justice and for reasons beyond the control of either party, subject to such terms and conditions as the court thinks fit.
Procedure when appellant in prison
381.
—(1)  If the appellant is in prison, he shall be deemed to have complied with the requirements in sections 377 and 378 if he gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within the times prescribed by those sections.
(2)  Such officer must immediately forward such notice and petition or their purport to the Registrar of the Supreme Court or the Registrar of the Subordinate Courts, as the case may be.
Bail pending appeal
382.  A Subordinate Court or the High Court may grant bail to a person who has filed a notice of appeal against his conviction or sentence in accordance with section 377.
Stay of execution pending appeal
383.
—(1)  An appeal shall not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non-performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable.
(2)  If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the appellate court orders otherwise.
(3)  In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until —
(a)
after the time allowed under this Code for appeal; or
(b)
if an appeal is made within the time allowed under this Code for appeal, after the sentence is confirmed by the appellate court.
Summary rejection of appeal
384.
—(1)  Where the grounds of appeal do not raise any question of law and it appears to the appellate court that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the appellate court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of a Judge or a presiding Judge, as the case may be, certifying that the appellate court, having perused the record, is satisfied that the appeal has been brought without any sufficient ground of complaint.
(2)  Where an appellate court comprises more than one Judge, the decision of the appellate court to reject the appeal summarily under subsection (1) can only be made by a unanimous decision of all the Judges or Judges of Appeal.
(3)  Notice of the rejection must be served on the appellant.
(4)  If, in any case rejected under subsection (1), the appellant gives, within 14 days of service of notice of the rejection on him, notice to the Registrar of the Supreme Court of an application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the appeal is made to the Court of Appeal) or any High Court Judge (in the case where the appeal is made to the High Court) may grant leave to amend the grounds of appeal accordingly and shall restore the appeal for hearing.
(5)  For the purposes of subsection (4), the question whether a sentence ought to be reduced shall be deemed not to be a question of law.
Notice and time of hearing
385.  If the appellate court does not reject the appeal summarily under section 384, it shall cause notice to be given to the parties to the appeal of the time and place at which the appeal will be heard.
Appeal to be heard by one or more Judges
386.
—(1)  An appeal before the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.
(2)  An appeal before the Court of Appeal may ordinarily be heard by 3 Judges of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges.
(3)  An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them.
(4)  If the Public Prosecutor requests in writing at any time —
(a)
before the hearing of an appeal before the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or
(b)
before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges,
and the Chief Justice consents to the request, the appeal must be heard by such a court.
(5)  In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal.
Procedure at hearing
387.
—(1)  At the hearing of an appeal, the appellate court shall hear the appellant or his advocate, if he appears, and if it thinks fit, the respondent or his advocate, if he appears, and shall hear the appellant or his advocate in reply.
(2)  If the appellant is in custody and does not appear at the hearing to support his appeal in person or by advocate, the appellate court may consider his appeal and may make such order as it thinks fit.
(3)  If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that his non-appearance was not due to his fault.
Non-appearance of respondent
388.
—(1)  If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on him, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for him to appear.
(2)  If the notice cannot be served on the respondent, or if the court is satisfied that the notice has been duly served on the respondent, and he is absent at the hearing of the appeal, the court may hear the appeal in his absence.
Arrest of respondent in certain cases
389.
—(1)  Where the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of appeal by the Public Prosecutor.
(2)  Where the Public Prosecutor appeals against an acquittal after an application under subsection (1), the High Court that acquitted the accused may commit him to prison pending the disposal of the appeal or admit him to bail.
Decision on appeal
390.
—(1)  At the hearing of the appeal, the appellate court may, if it considers there is no sufficient ground for interfering dismiss the appeal, or may —
(a)
in an appeal from an order of acquittal —
(i)
reverse the order and direct that further inquiry shall be made or that the accused shall be retried, or remit the matter, with the opinion of the appellate court, to the trial court; or
(ii)
find him guilty and pass sentence on him according to law;
(b)
in an appeal from a conviction —
(i)
reverse the finding and sentence and acquit or discharge the accused or order him to be retried by a court of competent jurisdiction, or remit the matter, with the opinion of the appellate court, to the trial court;
(ii)
alter the finding, maintaining the sentence or, with or without altering the finding, reduce or enhance the sentence; or
(iii)
with or without reducing or enhancing the sentence, and with or without altering the finding, alter the nature of the sentence;
(c)
in an appeal as to sentence, reduce or enhance the sentence, or alter the nature of the sentence; or
(d)
in an appeal from any other order, alter or reverse the order.
(2)  Nothing in subsection (1) shall be taken to prevent the appellate court from making such other order in the matter as it may think just, and by such order exercise any power which the trial court might have exercised.
(3)  Notwithstanding section 375 and without prejudice to the generality of subsections (1) and (2), where an accused has pleaded guilty and been convicted on such plea, the appellate court may, upon hearing, in accordance with section 387, any appeal against the sentence imposed upon the accused —
(a)
set aside the conviction;
(b)
make such order in the matter as it may think just; and
(c)
by such order exercise any power which the trial court might have exercised.
(4)  Notwithstanding any provision in this Code or any written law to the contrary, when hearing an appeal against an order of acquittal or conviction or any other order, the appellate court may frame an altered charge (whether or not it attracts a higher punishment) if satisfied that, based on the records before the court, there is sufficient evidence to constitute a case which the accused has to answer.
(5)  If the offence stated in the altered charge is one that requires the Public Prosecutor’s consent under section 10, then the appeal must not proceed before such consent is obtained, unless the consent has already been obtained for a prosecution on the same facts as those on which the altered charge is based.
(6)  After the appellate court has framed an altered charge, it must ask the accused if he intends to offer a defence.
(7)  If the accused indicates that he intends to offer a defence, the appellate court may, after considering the nature of the defence —
(a)
order that the accused be tried by a trial court of competent jurisdiction; or
(b)
convict the accused on the altered charge (other than a charge which carries the death penalty) after hearing submissions on questions of law and fact and if it is satisfied that, based on its findings on the submissions and the records before the court, and after hearing submissions of the accused, there is sufficient evidence to do so.
(8)  If the accused indicates that he does not intend to offer a defence, the appellate court may —
(a)
convict the accused on the altered charge (other than a charge which carries the death penalty) if it is satisfied that, based on the records before the court, there is sufficient evidence to do so; or
(b)
order that the accused be tried by a trial court of competent jurisdiction, if it is not satisfied that, based on the records before the court, there is sufficient evidence to convict the accused on the altered charge.
(9)  At the hearing of the appeal, the appellate court may on the application of the Public Prosecutor, and with the consent of the accused, take into consideration any outstanding offences which he admits to have committed for the purposes of sentencing him.
(10)  The sentencing powers of the appellate court in the exercise of its appellate jurisdiction shall not exceed the sentencing power of the trial court whose judgment, sentence or order is appealed against.
Omission to frame charge
391.
—(1)  A judgment, sentence or order pronounced or passed shall not be invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice.
(2)  If the appellate court is of such opinion, the appellate court must order a new trial.
Taking additional evidence
392.
—(1)  In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.
(2)  Unless the appellate court directs otherwise, the accused or his advocate must be present when the additional evidence is taken.
(3)  When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.
(4)  The trial court must also state what effect, if any, the additional evidence taken has on its earlier verdict.
(5)  Sections 233 and 285 to 289 shall apply, with the necessary modifications, to the taking of additional evidence under this section.
Death of party to appeal
393.
—(1)  Where a person has died —
(a)
any relevant appeal which might have been begun by him if he were alive may be begun by a person approved by the High Court; and
(b)
where any relevant appeal was begun by him while he was alive or is begun in relation to his case under paragraph (a), any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.
(2)  The High Court may only give an approval to —
(a)
the widow or widower of the deceased;
(b)
a person who is the personal representative of the deceased; or
(c)
any person appearing to the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to him.
(3)  An application for an approval may not be made after the end of the period of one year beginning with the date of death.
(4)  Where this section applies, any reference to the appellant in any written law shall, where appropriate, be construed as being or including a reference to the person approved under this section.
(5)  Unless the approval is given under subsection (2), every appeal commenced shall finally abate on the death of an accused.
(6)  In this section, “relevant appeal” means an appeal made under this Part.
Grounds for reversal by appellate court
394.  Any judgment, sentence or order of a trial court may be reversed or set aside only where the appellate court is satisfied that it was wrong in law or against the weight of the evidence or, in the case of a sentence, manifestly excessive or manifestly inadequate in all the circumstances of the case.
Division 2 — Points reserved
Power of court to state case
395.
—(1)  A trial court hearing any criminal case, may on the application of any party to the proceedings or on its own motion, state a case to the relevant court on any question of law.
(2)  Any application or motion made —
(a)
on a question of law which arises as to the interpretation or effect of any provision of the Constitution may be made at any stage of the proceedings after the question arises and must set out the question to be referred to the relevant court; and
(b)
on any other question of law must be made in writing within 10 days from the time of the making or passing of the judgment, sentence or order by the trial court and set out briefly the facts under deliberation and the question of law to be decided on them.
(3)  The trial court shall —
(a)
upon an application or motion made on a question of law which arises as to the interpretation or effect of any provision of the Constitution, state the case to the relevant court by setting out the question which in its opinion has arisen as to the interpretation or effect of the Constitution, which question shall, so far as may be possible, be in a form which shall permit of an answer being given in the affirmative or the negative; and
(b)
upon an application or motion made on any other question of law, state the case to the relevant court by briefly setting out the facts that it considers proved and the question of law to be reserved for the opinion of the relevant court.
(4)  Notwithstanding subsection (3), the trial court may refuse to state a case upon any application if it considers the application frivolous or without any merit, but it must state a case if the application is made by the Public Prosecutor.
(5)  If a trial court refuses to state a case under subsection (4), the applicant may apply to the relevant court for an order to direct the trial court to state the case.
(6)  The trial court in stating any case under subsection (3) shall cause the case to be transmitted to the Registrar of the Supreme Court.
(7)  The relevant court shall hear and determine the question of law or constitutional question arising out of the case stated.
(8)  Before stating any case to the relevant court under subsection (3)(a), the trial court may make an order to stay the proceedings which shall be made at such stage of the proceedings as the court may see fit, having regard to —
(a)
the decision of such questions of fact as may be necessary to assist the relevant court in deciding the question which has arisen; and
(b)
the speedy and economical final determination of the proceedings.
(9)  The trial court making an order to stay the proceedings under subsection (8) may impose any terms to await the opinion and order, if any, of the relevant court on any case stated under subsection (3)(a).
(10)  The trial court stating a case to the relevant court under this section may make such orders as it sees fit for the arrest, custody or release on bail of any accused.
(11)  When the Registrar of the Supreme Court receives a case stated, he must send a copy to every party to the proceedings and to the Public Prosecutor (if he is not a party), and fix a date for the hearing of the case stated.
(12)  The Public Prosecutor shall have a right of hearing at the hearing of the case stated.
(13)  Where the High Court is hearing the case stated, it shall ordinarily be heard by a single Judge, but if the Chief Justice so directs, the case stated must be heard before a court comprising 3 or any greater uneven number of Judges.
(14)  Where the Court of Appeal is hearing the case stated, it shall ordinarily be heard by 3 Judges of Appeal, but if the Chief Justice so directs, the case stated must be heard before a court comprising 5 or any greater uneven number of Judges of Appeal.
(15)  In this section, “relevant court” means —
(a)
the High Court where the trial court which stated the case is a Subordinate Court; and
(b)
the Court of Appeal where the trial court which stated the case is the High Court.
Application to state case directly to Court of Appeal
396.
—(1)  Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a Subordinate Court for the opinion of the High Court under section 395, apply to state a case directly to the Court of Appeal.
(2)  An application under subsection (1) shall only be made with the leave of the Court of Appeal.
(3)  When an application is made under subsection (1), the Court of Appeal may make such orders as it sees fit for the arrest, custody or release on bail of any accused.
(4)  Section 395(2), (3), (6) to (12) and (14) shall apply to the case stated under this section, except that any reference to the relevant court in those provisions shall be a reference to the Court of Appeal.
Reference to Court of Appeal of criminal matter determined by High Court in exercise of its appellate or revisionary jurisdiction
397.
—(1)  When a criminal matter has been determined by the High Court in the exercise of its appellate or revisionary jurisdiction, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case, that party may apply to the Court of Appeal for leave to refer the question to the Court of Appeal.
(2)  The Public Prosecutor may refer any question of law of public interest without the leave of the Court of Appeal.
(3)  An application under subsection (1) or a reference under subsection (2) shall be made within one month, or such longer time as the Court of Appeal may permit, of the determination of the matter to which it relates, and in the case of an application by the Public Prosecutor shall be made by him or with his written consent.
(4)  In granting leave to refer any question of law of public interest under subsection (1), or where the Public Prosecutor refers any question of law of public interest under subsection (2), the Court of Appeal may reframe the question or questions to reflect the relevant issue of law of public interest, and may make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case.
(5)  The Court of Appeal, in hearing and determining any questions referred, may make such orders as the High Court might have made as the Court of Appeal considers just for the disposal of the case.
(6)  For the purposes of this section, any question of law which any party applies to be referred regarding which there is a conflict of judicial authority shall be deemed to be a question of public interest.
Determination and order
398.
—(1)  The High Court or the Court of Appeal, as the case may be, must hear and determine any question of law arising on the case stated under section 395 or 396 and must affirm, amend or reverse the decision or make any other order it thinks fit.
(2)  Any judge stating a case under this Code shall not be liable to any costs incurred with respect to it.
Opinion on case stated
399.
—(1)  The opinion of the High Court or the Court of Appeal must be in the form of an answer to the question set out in the case stated under section 395 or 396.
(2)  The Registrar of the Supreme Court must deliver a copy of the opinion of the High Court or of the Court of Appeal and such orders that the Court has made under section 398 to —
(a)
the Public Prosecutor;
(b)
the Registrar of the Subordinate Courts where the trial court which stated the case is a Subordinate Court; and
(c)
every party to the proceedings in which the case stated arose.
(3)  If the opinion of the High Court or the Court of Appeal, as the case may be, is given pending the conclusion of the trial, the trial court must proceed with the case having regard to the opinion on the case stated and any order of the High Court or the Court of Appeal made under section 398.
Division 3 — Revision of proceedings before
Subordinate Courts
Power to call for records of Subordinate Courts
400.
—(1)  Subject to this section and section 401, the High Court may, on its own motion or on the application of a Subordinate Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any Subordinate Court to satisfy itself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of those proceedings.
(2)  No application may be made by any party under this section in relation to any judgment, sentence or order which he could have appealed against but had failed to do so in accordance with the law unless the application is made —
(a)
against a failure by a court to impose the mandatory minimum sentence or any other sentence required by written law; or
(b)
against a sentence imposed by a court which the court is not competent to impose.
Powers of High Court on revision
401.
—(1)  On examining a record under revision in this Division, the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.
(2)  The High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392.
(3)  The High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the High Court so proceeding an opportunity of being heard either personally or by advocate.
(4)  This section does not authorise the High Court to convert an acquittal into a conviction.
Orders on revision
402.  Where a case is revised under this Division, the High Court must certify its decision or order to the Subordinate Court which recorded or passed the judgment, sentence or order and that Court must make the requisite orders to give effect to the decision or order.
Permission for parties to appear
403.
—(1)  No party has any right to be heard either personally or by advocate before the High Court when the High Court is exercising its powers of revision under this Division or Division 4.
(2)  The High Court may, if it thinks fit, when exercising its powers of revision under this Division, hear any party either personally or by advocate, and nothing in this section shall be deemed to affect sections 401(3) and 404(4).
Division 4 — Revision of orders made at criminal case
disclosure conference
Power to revise orders made at criminal case disclosure conference
404.
—(1)  The High Court may, on its own motion or on the application of the Public Prosecutor or the accused in any criminal case disclosure conference, call for and examine the record of any criminal case disclosure conference held under Part IX or X before a Magistrate, a District Judge, the Registrar of the Subordinate Courts or the Registrar of the Supreme Court to satisfy itself as to the correctness, legality or propriety of any order recorded or passed at the criminal case disclosure conference, and as to the regularity of the criminal case disclosure conference.
(2)  Any application by the Public Prosecutor or the accused under subsection (1) must be made within 7 days from the date of the order so recorded or passed at the criminal case disclosure conference to which the application relates.
(3)  On examining a record under revision in this Division, the High Court may affirm, vary or set aside any of the orders made by the Magistrate, District Judge, Registrar of the Subordinate Courts or Registrar of the Supreme Court, as the case may be, who presided over the criminal case disclosure conference.
(4)  The High Court may not proceed under subsection (3) without first giving the parties adversely affected by the High Court so proceeding an opportunity of being heard either personally or by advocate.
(5)  Where a case is revised under this Division, the High Court must certify its decision or order to the Magistrate, District Judge, Registrar of the Subordinate Courts or Registrar of the Supreme Court, as the case may be, who recorded or passed the order at the criminal case disclosure conference and that Magistrate, District Judge, Registrar of the Subordinate Courts or the Registrar of the Supreme Court, as the case may be, must make the requisite orders to give effect to the decision or order.
Division 5 — Criminal motions
Motion
405.  A motion to the High Court in respect of any criminal matter must be made in accordance with this Division.
Notice of motion
406.
—(1)  No motion shall be made without previous notice to the other party to the proceedings.
(2)  Unless the High Court gives leave to the contrary, there must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion.
Form and issue of notice of motion
407.
—(1)  The notice of a criminal motion must be in the prescribed form.
(2)  The notice of a criminal motion must be —
(a)
supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and
(b)
sealed by an officer of the Registry of the Supreme Court.
Adjournment of hearing
408.  The hearing of any criminal motion may be adjourned from time to time on such terms as the High Court thinks fit.
Costs
409.  If the High Court dismisses a criminal motion and is of the opinion that the motion was frivolous or vexatious or otherwise an abuse of the process of the Court, it may, either on the application of the respondent or on its own motion, order the applicant of the criminal motion to pay to the respondent costs on an indemnity basis or otherwise fixed by the Court.