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Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 is Malaysia Act, cited as Act 847 2023, currently marked in force and first recorded in 2023.
Life (Temporary Jurisdiction of the Federal Court)
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Date of Royal Assent
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9 June 2023
Date of publication in the
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16 June 2023
Gazette
Publisher’s Copyright C
(Appointed Printer to the Government of Malaysia).
Revision of Sentence of Death and Imprisonment for Natural
Life (Temporary Jurisdiction of the Federal Court)
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Act 847
Opening note
This Act may be cited as the Revision of Sentence of
Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Temporary revisionary jurisdiction of the Federal Court on death sentence
Where a sentence of death is affirmed or passed by the Federal Court under the Penal Code [Act 574], the Arms Act 1960
[Act 206], the Firearms (Increased Penalties) Act 1971 [Act 37], the Dangerous Drugs Act 1952 [Act 234] and the Kidnapping
Act 1961 [Act 365] before the coming into operation of this Act
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and notwithstanding that an application for pardon under Article 42
of the Federal Constitution has been rejected, the Federal Court shall, in addition to the powers conferred on it under any written law, have the power to review the sentence following the amendments made by the Abolition of Mandatory Death Penalty
Act 2023.
In exercising its powers under subsection (1), the Federal Court shall not review the conviction of any person who is sentenced to death.
For the purpose of reviewing the sentence of death, the Federal Court shall call for and examine the record of proceedings, grounds of judgment and other relevant documents, if any.
Upon reviewing the application, the Federal Court shall affirm or substitute the sentence of the applicant in accordance with the Penal Code, the Arms Act 1960, the Firearms (Increased
Penalties) Act 1971, the Dangerous Drugs Act 1952 and the Kidnapping Act 1961 as amended by the Abolition of Mandatory
Death Penalty Act 2023.
Application for review of death sentence
For the purposes of subsection 2(1), any person who is sentenced to death may make an application in writing to the Federal Court within ninety days from the date of coming into operation of this Act.
Upon receiving an application under subsection (1), the Federal Court shall review the sentence of death.
The Federal Court may extend the time specified under subsection (1) if it considers that there is a good reason for doing so.
Any application under subsection (1) may only be made once by the person.
Revision of Sentence of Death and Imprisonment for Natural
Life (Temporary Jurisdiction of the Federal Court)
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Temporary revisionary jurisdiction of the Federal Court on sentence of imprisonment for natural life
Notwithstanding that an application for pardon has been determined in accordance with Article 42 of the Federal Constitution, the Federal Court shall, in addition to the powers conferred on it under any written law, have the power to review the sentence of imprisonment for natural life of any person who is serving that sentence under any written law and has exhausted all other judicial proceedings before the coming into operation of this Act.
In exercising its powers under subsection (1), the Federal
Court shall only review the term of the sentence of imprisonment for natural life.
For the purpose of determining the term of the sentence of imprisonment for natural life, the Federal Court shall call for and examine the record of proceedings, grounds of judgment and other relevant documents, if any.
Upon reviewing the application, the Federal Court shall substitute the sentence of imprisonment for natural life with imprisonment for a term of not less than thirty years but not exceeding forty years.
For the purposes of this Act, “imprisonment for natural life”
means imprisonment until the death of the person on whom the sentence is imposed.
Application for review of sentence of imprisonment for natural life
For the purposes of subsection 4(1), any person who is serving a sentence of imprisonment for natural life may make an application in writing to the Federal Court within ninety days from the date of coming into operation of this Act.
Upon receiving an application under subsection (1), the Federal Court shall review the sentence of imprisonment of natural life.
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The Federal Court may extend the time specified under subsection (1) if it considers that there is a good reason for doing so.
Any application under subsection (1) may only be made once by the person.
KUALA LUMPUR
WJW23/0560 16-06-2023
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