PART XX
APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS
Division 1 — Appeals
When appeal may be made
374. (4) An appeal by a person convicted by a trial court shall be against his conviction, the sentence imposed on him or an order of the trial court.
(4A) No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence.
PART XX
APPEALS, POINTS RESERVED, REVISIONS AND CRIMINAL MOTIONS
Division 1 — Appeals
Limited right of appeal against plea of guilty
375. An accused who has pleaded guilty and has been convicted on that plea in accordance with this Code may appeal only against the extent or legality of the sentence.
PART II
PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
Appeals by protected persons
6.—(1) A protected prisoner of war or a protected internee who has been convicted and sentenced to death or to imprisonment for a term of 2 years or more may appeal against the conviction and sentence imposed upon him.
(2) Notwithstanding section 45(1) of the Supreme Court of Judicature Act [Cap. 322], notice of an appeal undersubsection (1) shall be given not later than 10 days after the date on which the protected person receives a notice given —
(a) in the case of a protected prisoner of war, by an officer of the Singapore Armed Forces; or
(b) in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,
that the Protecting Power has been notified of his conviction and sentence.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.