by MP for Aljunied GRC, Sylvia Lim
This bill provides for the Court of Appeal to automatically review all death sentences passed, in cases where the accused does not lodge an appeal. I welcome this additional check by our highest court, which will confirm whether each death sentence was correctly imposed before we send anyone to the gallows.
I would like to seek 2 clarifications on the Bill.
First, Cl 7 amends S 313 of the Criminal Procedure Code regarding what is to be done after a death sentence has been passed by a High Court judge. The proposed change to S 313 (c) will now provide that the trial judge must produce a report stating whether, in his opinion, there is any reason why the death sentence should be carried out. By contrast, the current provision states that he should give his opinion whether there is any reason why the death sentence should or should not be carried out. I would like to know why the judge now no longer needs to give his opinion as to whether the death sentence should not be carried out. I think his opinion on this is still highly relevant, since we are still retaining offences where the death penalty is mandatory, such as intentional killing under S 300(a) of the Penal Code, and for drugs and firearms offences. I note that the trial judge’s opinion on whether the death sentence is justified will later be read by the President, who has the prerogative of mercy. There may be strong mitigating circumstances which the trial judge noted, but due to the mandatory provisions, he had no choice but to impose the death sentence. However, the President can do something about it by exercising his prerogative of mercy.
My second clarification concerns the provision at S 394D. It is provided there that no party has the right to be heard in a petition of confirmation, but the court may, if it thinks fit, hear any party either personally or by advocate. If the presence of the parties is still to be discretionary, I think it is important that if the Court of Appeal wishes to hear from one party, the other party must be present as well. This will enable the other party to respond if necessary to any new matters which are raised, and make this last court appearance fair to all parties before the death sentence is confirmed.