Confirmation of sentence | Law

Concept of confirmation of sentence

There are some types of sentences which are to be confirmed by High Court for the purpose to meet the ends of justice. High court just gives a bird eye view on the capital sentences passed by the lower court. Death sentences passed by session’s judge require confirmation. Confirmation can only be filed in the high Court which is apex provincial court. Following procedure shall be followed by the high court for confirmation of sentences. The session court after passing death sentence shall submit the proceedings to the high court. 

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Power of High Court

There are some additional powers of high court while giving confirmation to death sentences such as

a- Power of further inquiry

b- Power to take additional evidence

The high court can follow any of the following modes for making inquiry and taking additional evidence

a- May make itself

b- May direct the session court

confirmation of sentence

Procedure of confirmation of sentence

During the procedure of confirmation of sentence by high court, the presence of accused is not necessary. At least two senior judges of high court forming division bench shall sign on the confirmation of death sentence. In case difference of opinion both judges of high court dispute shall be referred to a third judge.

 A copy of the order of confirmation shall be sent to the Court of Session by the fulfilling of following two conditions

a- Under the seal of high court

b- Attested with the official signature

The order shall be carried into affect by the court of sessions.

Following are the powers of high court when the conviction is to be confirmed by it. Following are the limitations on the powers of high court. Sentence cannot be confirmed by the high court before the expiry of period available to file an appeal, if appeal is not filed. If appeal is filed by the accused, the confirmation cannot be taken before the disposal of appeal.High court orders the latest case laws.The modern technology has introduced in the High court. The justice orders the latest case laws. Education is the importance source of Pakistan. People should got education in Pakistan. 

 High court may postpone the death sentence awarded by session court in case special circumstance exists.Death sentence of pregnant woman shall be postponed. High court enjoys its appellant jurisdiction as well as an administrative authority.