PART XVI
SENTENCES

Division 1 — Sentences in general

Provisions as to execution of sentences of death
313. The following provisions apply to death sentences:

(a) after sentence has been pronounced, a warrant under the seal of the court must be made out for the person sentenced to be committed to the custody of the Director of Prisons in accordance with such prescribed form;

(b) the warrant shall be full authority to the Director of Prisons, or any officer appointed by him for that purpose, for receiving into his custody and detaining the person sentenced until he receives the court’s further warrant or order;

(c) the trial Judge who tried the accused must, within a reasonable time after sentence has been pronounced, prepare a copy of the notes of evidence taken at the trial and a report in writing signed by him stating whether, in his opinion, there is any reason (and, if so, particulars of the reason) why the death sentence should be carried out;
[Act 33 of 2012 wef 01/01/2013]

(d) the trial Judge must forward to the Court of Appeal the notes of evidence and report referred to in paragraph (c), within a reasonable time after being notified by the Registrar of the Supreme Court that a notice of appeal has been given or petition for confirmation has been lodged, as the case may be;
[Act 33 of 2012 wef 01/01/2013]

(e) if the Court of Appeal dismisses the appeal or confirms the imposition of the sentence of death, then the Chief Justice or other presiding Judge must, within a reasonable time, forward to the Minister the notes of evidence and report referred to in paragraph (c), stating whether he agrees with the trial Judge, together with a notification of the decision of the Court of Appeal and also any report on the case that the Court of Appeal may think fit to make, signed by the Chief Justice or other presiding Judge;
[Act 33 of 2012 wef 01/01/2013]

(f) the President must, acting in accordance with the Constitution —

(i) transmit to the Court of Appeal a copy signed and sealed by him of any order he makes;
(ii) if the sentence is to be carried out, state the time and place of execution of the sentence in the order; and
(iii) if the person sentenced is pardoned or the sentence is commuted to another punishment, state this in the order;
[Act 33 of 2012 wef 01/01/2013]

(g) on receiving the copy of the President’s order the Court of Appeal must, if the sentence is to be carried out, cause a warrant to be issued under the seal of the Supreme Court and signed by the Chief Justice or other presiding Judge, or in the absence thereof any other Judge of Appeal or High Court Judge, setting out the time and place of execution as prescribed in the order of the President;
[Act 33 of 2012 wef 01/01/2013]

(h) the President may, at any time before the warrant is carried out, order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution;

(i) the warrant must be directed to the Director of Prisons who must carry out the sentence in accordance with law;

(j) there must be present at the execution of the sentence the superintendent of the prison, a medical officer of the prison, and any other prison officers that the Director of Prisons requires;

(k) there may also be present a minister of religion in attendance at the prison and any other persons that the Director of Prisons thinks proper to admit;

(l) immediately after the death sentence has been carried out, the medical officer of the prison present must examine the body of the person executed, ascertain the fact of death and sign a death certificate and deliver it to the Director of Prisons;

(m) within 24 hours after the execution, a Coroner must hold an inquiry as provided under the Coroners Act 2010(Act 14 of 2010) and satisfy himself of the identity of the body and whether the sentence of death was duly carried out;

(n) a copy of the Coroner’s findings must be forwarded to and filed in the Registry of the Supreme Court and another must be forwarded to and filed in the office of the Minister;

(o) where a sentence of death is avoided by the escape of the person sentenced to death, the sentence must be carried out at such other time after his recapture that the High Court then orders;

(p) no omission or error as to time and place and no defect in form in any order or warrant given under this section, and no omission to comply with paragraphs (j) to (n) may be held to make illegal any execution carried out or intended to have been carried out under the order or warrant or make illegal any execution that would otherwise have been legal.


No sentence of death against person below 18 years
314. A sentence of death must not be passed or recorded against an accused convicted of an offence if the court has reason to believe that, at the time the offence was committed, he was below the age of 18 years, but instead the court must sentence him to life imprisonment.


Sentence of death not to be passed on pregnant woman
315. —(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court.

(2) If the court finds the woman pregnant, it must pass a sentence of life imprisonment on her.

(3) If the court finds the woman not to be pregnant, she may appeal to the Court of Appeal against that finding in the manner set out under this Code.

(4) On hearing the appeal referred to in subsection (3), the Court of Appeal, if satisfied for any reason that the finding should be set aside, must set aside the sentence, and pass a sentence of life imprisonment.


Judgment of death
316. Where any person is sentenced to death, the sentence must direct that he must be hanged by the neck until he is dead but shall not state the place where nor the time when the sentence is to be carried out.