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Section 164: Committal for Sentence by a Magistrate's Court

164.Committal for sentence

(1)Where a court presided over by a magistrate convicts a person of any offence and on obtaining information about his or her character and antecedents the court is of the opinion that they are such that greater punishment should be inflicted for the offence than the court has power to inflict, the court may, instead of dealing with him or her in any other manner, commit him or her in custody to a court presided over by a chief magistrate having jurisdiction for sentence; but the chief magistrate may if he or she considers the conviction is improper or illegal forward the record of proceedings to the High Court, notwithstanding any such committal, and postpone passing sentence pending the decision of the High Court and may, pending that decision, release the offender on bail or remand him or her in custody as he or she thinks fit.

(2)Where a court presided over by a chief magistrate convicts a person of any offence and on obtaining information about his or her character and antecedents the court is of the opinion that they are such that greater punishment should be inflicted for the offence than the court has power to inflict, the court may, instead of dealing with him or her in any other manner, commit him or her in custody to the High Court for sentence.

(3)Where an offender has been committed for sentence under this section, the following provisions shall have effect—

(a)the warrant of the committing court shall be sufficient authority to the officer in charge of any prison for his or her detention in custody; and

(b)the record of the proceedings including the written charge and the admission of the offender, if any, shall be transmitted without delay by the committing court to a chief magistrate having jurisdiction.

Plain English Summary

A magistrate's court that convicts a person may send the offender to a chief magistrate's court for sentencing if the offender's character and past re...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Magistrates Courts Act. Faster results.