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Section 50: How to Challenge a Magistrate Court Ruling

50.Power of High Court on revision

(1)In the case of any proceedings in a magistrate's court the record of which has been called for or which has been reported for orders, or which otherwise comes to its knowledge, when it appears that in those proceedings an error material to the merits of any case or involving a miscarriage of justice has occurred, the High Court may—

(a)in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by sections 34 and 41 and may enhance the sentence;

(b)in the case of any other order, other than an order of acquittal, alter or reverse the order.

(2)No order under this section shall be made unless the Director of Public Prosecutions has had an opportunity of being heard, and no order shall be made to the prejudice of an accused person unless he or she has had an opportunity of being heard either personally or by an advocate in his or her own defence.

(3)Where the sentence dealt with under this section has been passed by a magistrate's court, the High Court may inflict a greater punishment for the offence, which in the opinion of the High Court the accused has committed, than might have been inflicted by the court which imposed the sentence.

(4)Nothing in this section shall be deemed to authorise the High Court to convert a finding of acquittal into one of conviction; except that when any person is acquitted of the offence with which he or she was charged but is convicted of another offence, whether charged with that other offence or not, the High Court may, if it reverses the finding of conviction, itself convert the finding of acquittal into one of conviction.

(5)Any person aggrieved by any finding, sentence or order made or imposed by a magistrate's court may petition the High Court to exercise its powers of revision under this section; but no such petition shall be entertained where the petitioner could have appealed against the finding, sentence or order and has not appealed.

(6)In dealing with a case under this section, the High Court may pending the final determination of the case release any convicted person on bail; but if the convicted person is ultimately sentenced to imprisonment, the time he or she has spent on bail shall be excluded in computing the period for which he or she is sentenced.

(7)In dealing with a case under this section, the High Court may, if it thinks fit, call for and receive from the magistrate's court before which the case was heard, a report on any matter connected with the case.

(8)Where an application is made by the Director of Public Prosecutions under subsection (1) to make an order to the prejudice of an accused person, the application shall be lodged with the registrar within thirty days of the imposition of the sentence unless, for good cause shown, the High Court extends the time.

Plain English Summary

You have the right to ask the High Court to review a magistrate court decision if there was a serious mistake or unfairness. The High Court can correc...

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