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The Ministry of Law introduced the Post-appeal Applications in Capital Cases Bill for its first reading in Parliament on Nov. 7.

It was introduced by Senior Parliamentary Secretary for Law Rahayu Mahzam.

According to a press release by the ministry, the bill seeks to clarify the process for post-appeal applications in capital cases (PACC applications), and safeguard the administration of justice and the rule of law.

New procedure for prisoners appealing against their capital punishment

PACC applications will therefore be subjected to the following new procedure:

• Only the Court of Appeal may hear a PACC application and grant a stay of execution.
• Should a prisoner awaiting capital punishment make a PACC application, they will be required to apply for permission.

  • A single judge exercising the Court of Appeal's jurisdiction may hear this application for permission, without an oral hearing.

• The prisoner will be required to state, among other things, the basis of the PACC application and why it was not filed earlier.

The ministry further highlighted that in deciding whether to grant permission, the Court of Appeal will consider the following factors:

• Whether the application is based on material that could not have been adduced in court prior to the date the capital sentence was upheld, confirmed or imposed by the Court of Appeal, even with reasonable diligence.
• Whether there was a delay in filing the application after the prisoner or the prisoner's counsel obtained the material, and the reasons for the delay.
• Whether the prescribed supporting documents have been filed.
• Whether the application has a reasonable prospect of success.

For the prisoner's second and subsequent applications, the date considered will be the most recent date of determination for either a PACC application, or application for permission.

The Court of Appeal may also make incidental directions and interim orders.

What if permission for a PACC application is granted?

Should permission for a PACC application be granted, the PACC Application must be filed within a specified period, and a hearing before a coram of three or more judges will be fixed.

The ministry also pointed out that a warrant of execution may not be carried out in the following instances:

• The president has ordered a respite of the execution of the warrant,
• The Court of Appeal has granted a stay of execution, or
• There is an application for permission to apply for a stay of execution, or an application for a stay of execution, which has been filed in the Court of Appeal and served on the Singapore Prison Service in the prescribed manner.

What are the grounds for not granting permission?

Should the Court of Appeal find that the prisoner has previously abused the court process while applying for a PACC application, or permission for such an application, or through other applications, so as to frustrate or delay the carrying out of the sentence, it must not grant permission.

This is unless the prisoner adduces material that was not, and could not have been even with reasonable diligence, adduced before the most recent such finding, the Ministry of Law added.

The Court of Appeal may also, either on its own accord, or upon the application of the Public Prosecutor or Attorney-General, decide whether to find that the prisoner or the prisoner's counsel had abused the court process in order to delay the carrying out of the capital sentence, for instance.

In deciding whether there had been such an abuse of process, the Court of Appeal may take additional evidence, and may also inquire into and take into account any non-compliance with the applicable procedure for relevant applications, the ministry noted.

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