Amendments to Criminal Procedure Code to entrench appeal process in death sentence

Amendments to the Criminal Procedure Code introduced in Parliament today will ensure an automatic process of appeal for cases where the death sentence has been meted out. 

The amendments to the CPC will be made to create a mechanism for the Court of Appeal to review a death sentence where there is no appeal by the accused. 

In such cases, the Public Prosecutor will be required to file a petition for confirmation with the Court of Appeal, who will review the correctness, legality and propriety of the conviction and sentence.

No sentence of death can be carried out unless confirmed by the Court of Appeal on appeal or review. 

The government says this will provide an additional safeguard in Singapore's capital punishment regime and that the proposed changes will ensure that the sentencing framework properly balances the Government's cardinal objectives. 

And these are that crime must be deterred, and society must be protected against criminals, and that those convicted receive a punishment that is appropriate to the severity of the crime committed. 

The amendments will also result in an appeal against a conviction be filed only after sentence has been passed. 

This is to ensure that appeals against the conviction and sentence are heard together, in line with the practice today. 

The provisions will apply to all criminal cases and not just capital punishment cases.

On the Penal Code, the law will be amended to provide that in cases of murder where killing is not intentional, the Court will have the discretion to sentence the accused to death or life imprisonment. 

The Court may also order caning in cases where life imprisonment is ordered. 

All existing cases, if eligible, will be considered for re-sentencing under the new law. 

Re-sentencing will take place at the first instance in the High Court, with the option of an appeal to the Court of Appeal.

The amendments to the two bills will be debated at a next available sitting of the House.