The Post-Appeal Applications in Capital Cases (PACC) Act will take effect on Jun. 28, 2024.

The Ministry of Law and Ministry of Home Affairs announced this on Jun. 27, reiterating that the act aims to "safeguard the administration of justice and the rule of law".

The act introduces a new process for making post-appeal applications, which the ministries said will provide "greater clarity and guidance" on the process and considerations which prisoners awaiting capital punishment and their counsel should have when making PACC applications.

The new process was first introduced in Parliament on Nov. 7, 2022, and passed on Nov. 29, 2022.

Post-appeal applications

Under the PACC Act, if a prisoner awaiting capital punishment already had their sentence upheld by the Court of Appeal, they must apply for permission to make a PACC application.

Speaking in parliament on May. 8, 2024, Minister for Law and Home Affairs K Shanmugam said that the "streamlined procedure" allows only the Court of Appeal to hear the applications and grant a stay of execution.

The applicant must state their grounds and reasons for not filing the application earlier.

Shanmugam noted that 36 prisoners awaiting capital punishment (PACPs) sought to challenge the law's constitutionality before it came into force in September 2023.

The Court of Appeal dismissed their application, saying the prisoners had "no standing" to challenge the court.

"The fact that challenge has been brought at all spoke only to the PACP's abuse of the process of the courts," Shanmugam said.

He added that this was not the first time large groups of prisoners have jointly filed applications to the court after all the use of appeal and clemency had been exhausted.

"The PACC act, when it comes into force, will deal with many such applications," he said, adding that the government is now considering what else needs to be done to "properly support" this new law.

Key features of new procedure

As part of the new procedure for PACC applications, only the Court of Appeal can grant a stay of execution of the sentence.

Those seeking to make a PACC application must first apply for permission from the Court of Appeal.

The application must be filed together with written submissions and supporting affidavits on matters like whether there was any delay in filing the application for permission, and the reasons for such delay.

If permission is granted, the PACC application must be made to the Court of Appeal within three days and the Court of Appeal will then determine the application.

When capital sentence may be carried out

The PACC Act also amends the Criminal Procedure Code to prove that capital sentence may be carried out unless:

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

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