Criminal Procedure Code · s 438F

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

438F.
Special finding
(1) This section applies on an appeal by the Public Prosecutor against an acquittal of a person in whose case the Judge has made a special finding.
(2) If the Court of Appeal considers that a wrong conclusion had been arrived at by the Judge, it may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law.
Finding of insanity or unfitness to plead 438G
(1) Where, on an appeal against an acquittal by the Public
Prosecutor, the Court of Appeal is of the opinion that -
(a) the proper verdict would have been one of not guilty by reason of insanity; or

Criminal Procedure Code
CAP. 7 223
(b) the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the respondent was under disability, the Court of Appeal shall make an order that the respondent be admitted to a prison or hospital as the Court of Appeal may direct.
(2) On making an order under this section, the Court of Appeal a may give such directions as it thinks fit for the detention of the respondent pending his admission to a prison or hospital.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 438FSpecial finding

(1)

This section applies on an appeal by the Public Prosecutor against an acquittal of a person in whose case the Judge has made a special finding.

(2)

If the Court of Appeal considers that a wrong conclusion had been arrived at by the Judge, it may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law.

Finding of insanity or unfitness to plead 438G

(1)

Where, on an appeal against an acquittal by the Public

Prosecutor, the Court of Appeal is of the opinion that -

(a)

the proper verdict would have been one of not guilty by reason of insanity; or

(b)

the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the respondent was under disability, the Court of Appeal shall make an order that the respondent be admitted to a prison or hospital as the Court of Appeal may direct.

(2)

On making an order under this section, the Court of Appeal a may give such directions as it thinks fit for the detention of the respondent pending his admission to a prison or hospital.