Operationalisation of the Post-Appeal Applications in Capital Cases Act 2022

The Post-Appeal Applications in Capital Cases (“PACC”) Act, which was passed by Parliament on 29 November 2022, will come into effect on 28 June 2024.

The PACC Act aims to safeguard the administration of justice and the rule of law. It introduces a new process for making post-appeal applications (“PACC Applications”), which will be set out in the Supreme Court of Judicature Act (“SCJA”). This provides greater clarity and guidance on the process and considerations which prisoners awaiting capital punishment (“PACPs") and their counsel should have regard to when making PACC Applications.

The key features of the new procedure for PACC Applications include:

1. Only the Court of Appeal (“CA”) may (i) hear PACC Applications; and (ii) grant a stay of execution of the sentence;
2. The PACP must first apply for permission from the CA to make a PACC Application. The application for permission must be filed together with written submissions and supporting affidavit(s). The affidavit(s) must state, for the CA’s consideration, matters including the grounds of the PACC Application to be filed, whether there was any delay in filing the application for permission, and the reasons for such delay. The details that are to be included in the supporting affidavit(s) are listed in the Rules of Court 2021.

The PACC Act also makes consequential amendments to the Criminal Procedure Code (“CPC”), to align certain aspects of the procedure for applications to review concluded criminal appeals under the CPC, with the new procedure for PACC Applications.

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