Section 2
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
Act 847
6
Act 847
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.
(2)
In exercising its powers under subsection (1), the Federal Court shall not review the conviction of any person who is sentenced to death.
(3)
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.
(4)
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.