847 - REVISION OF SENTENCE OF DEATH AND IMPRISONMENT FOR NATURAL LIFE (TEMPORARY JURISDICTION OF THE FEDERAL COURT) ACT 2023

Revision of Sentence of Death and Imprisonment for Natural 1 Life (Temporary Jurisdiction of the Federal Court) LAWS OF MALAYSIA Act 847 REVISION OF SENTENCE OF DEATH AND IMPRISONMENT FOR NATURAL LIFE (TEMPORARY JURISDICTION OF THE FEDERAL COURT) ACT 2023 2 Laws of Malaysia Act 847 Date of Royal Assent ... ... 9 June 2023 Date of publication in the ... ... 16 June 2023 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Revision of Sentence of Death and Imprisonment for Natural 3 Life (Temporary Jurisdiction of the Federal Court) LAWS OF MALAYSIA Act 847 REVISION OF SENTENCE OF DEATH AND IMPRISONMENT FOR NATURAL LIFE (TEMPORARY JURISDICTION OF THE FEDERAL COURT) ACT 2023 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Temporary revisionary jurisdiction of the Federal Court on death sentence 3. Application for review of death sentence 4. Temporary revisionary jurisdiction of the Federal Court on sentence of imprisonment for natural life 5. Application for review of sentence of imprisonment for natural life 4 Laws of Malaysia Act 847 Revision of Sentence of Death and Imprisonment for Natural 5 Life (Temporary Jurisdiction of the Federal Court) LAWS OF MALAYSIA Act 847 REVISION OF SENTENCE OF DEATH AND IMPRISONMENT FOR NATURAL LIFE (TEMPORARY JURISDICTION OF THE FEDERAL COURT) ACT 2023 An Act to provide for the temporary revisionary jurisdiction of the Federal Court to review the sentence of death and imprisonment for natural life imposed on a convicted person following the abolition of the mandatory death penalty and amendment to the relating laws. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) 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. (2) 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 2. (1) 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 6 Laws of Malaysia 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. Application for review of death sentence 3. (1) 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. (2) Upon receiving an application under subsection (1), the Federal Court shall review the sentence of death. (3) The Federal Court may extend the time specified under subsection (1) if it considers that there is a good reason for doing so. (4) Any application under subsection (1) may only be made once by the person. Revision of Sentence of Death and Imprisonment for Natural 7 Life (Temporary Jurisdiction of the Federal Court) Temporary revisionary jurisdiction of the Federal Court on sentence of imprisonment for natural life 4. (1) 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. (2) In exercising its powers under subsection (1), the Federal Court shall only review the term of the sentence of imprisonment for natural life. (3) 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. (4) 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. (5) 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 5. (1) 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. (2) Upon receiving an application under subsection (1), the Federal Court shall review the sentence of imprisonment of natural life. 8 Laws of Malaysia Act 847 (3) The Federal Court may extend the time specified under subsection (1) if it considers that there is a good reason for doing so. (4) Any application under subsection (1) may only be made once by the person. Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW23/0560 16-06-2023