Section 9
New section 445
of Criminal Procedure Code (Amendment) (No. 2) Act 2012
The Code is amended by inserting after section 444 the following section:
"Electronic monitoring requirement on acquittal
Quoted provision
Section 445
If an accused person who is under an electronic monitoring requirement—
(a)
is convicted by the Court and decides to appeal against his conviction, the accused person may apply to the Court for the period of the electronic monitoring requirement to be extended by the Court until his appeal is proceeded with; or
(b)
is acquitted by the Court and the Public Prosecutor decides to appeal against the acquittal, the Public Prosecutor may apply to the Court for the electronic monitoring requirement to be continued until his appeal is proceeded with.
(2)
If an accused person who is not under an electronic monitoring requirement—
(a)
is convicted by the Court and decides to appeal against his conviction, the accused person may apply to the Court for the electronic monitoring requirement to be applied to him until his appeal is proceeded with; or
(b)
is acquitted by the Court and the Public Prosecutor decides to appeal against the acquittal, the Public Prosecutor may apply to the Court for the electronic monitoring requirement to be applicable to the person so acquitted until his appeal is proceeded with.
(3)
For the purpose of this section, "Court" includes the Court of Appeal when the Court of Appeal is not the final appellate court.".