Page:Penal Code (Amendment) Act 2012.pdf/7

Rh :(h) section 313 of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or re‑sentencing of a person to death as if the affirmation or re‑sentencing were a sentence pronounced by the trial Judge.

(5) Where on the appointed day, the Court of Appeal has dismissed an appeal brought by a person for an offence of murder under section 302 of the Penal Code, the following provisions shall apply:
 * (a) either the Public Prosecutor or the person may file a motion for re‑sentencing with the Court of Appeal;
 * (b) when a motion for re‑sentencing has been filed, the person or the Public Prosecutor may also apply to the Court of Appeal to hear further arguments or admit further evidence for the purpose only of determining the meaning of murder that the person is guilty of;
 * (c) if an application is made under paragraph (b), the Court of Appeal shall before dealing with the motion for re‑sentencing—
 * (i) either dismiss the application, or give directions for the hearing of further arguments or the admission of further evidence for the purpose only of determining the meaning of murder that the person is guilty of, including directions for the High Court to hear such further evidence and to transmit its findings to the Court of Appeal; and
 * (ii) after dismissing the application or after its directions for hearing further arguments or the admission of further evidence have been complied with, clarify the meaning of murder that the person is guilty of;
 * (d) if no application is made under paragraph (b), the Court of Appeal shall clarify the meaning of murder that the person is guilty of;
 * (e) if the Court of Appeal clarifies under paragraph (c)(ii) or (d) that the person is guilty of murder within the meaning of section 300(a) of the Penal Code, it shall affirm the sentence of death imposed on the person;