12
CAP. 227]
Magistrates
[1988 Ed.
(3) Where a magistrate sitting under subsection (1) considers that a fine may not be an adequate penalty in the circumstances a summons shall be issued under section 8 and the prosecution shall proceed as if an information had been laid under that section by an informant deemed to act on behalf of the Attorney General.
(4) Where a prosecution proceeds under subsection (3), the magistrate may, having heard what each party has to say as to sentence, impose any penalty or make any other order permitted by law as in a case where a defendant admits the truth of an information.
(Added, 18 of 1984, s. 2)
Procedure after determination
7G. (1) Where a magistrate has determined a matter under section 7F(1) and imposed a fine or ordered costs to be paid, a notice of such fine or costs shall be served by post on the defendant calling upon him to pay such fine or costs within such time, being not less than 21 days after the determination of the matter, as may be specified therein. (See Forms 106, 107)
(2) Where a fine or costs are not paid within the time specified in the notice referred to in subsection (1), a magistrate shall cause a further notice to be served personally on the defendant by a police officer, usher or other officer of a magistrate's court, requiring him to make payment of the fine or costs within 14 days of the notice failing which a summons or warrant will be issued under section 101A.
(Added, 18 of 1984, s. 2)
Review
7H. Where, on application being made at any time by the defendant, a magistrate is satisfied that a notice of prosecution has not come to the personal notice of the defendant, the magistrate shall review his determination in the matter and section 104 (except subsection (1)) shall apply to that review.
(Added, 18 of 1984, s. 2) (See Form 108)
Section 26 not to apply on review
7I. Where a magistrate reviews his determination on a matter under section 7H and reverses his decision, proceedings may be taken, notwithstanding section 26, within 6 months from the date of the review.
Withdrawal of notice of prosecution
(Added, 18 of 1984, s. 2)
7J. The person filing a notice of prosecution may, at any time before the matter is determined under section 7F(1), by written notice filed in the magistrate's court, withdraw the notice of prosecution.
(Added, 18 of 1984, s. 2)
Issue of summons to defendant and mode of service thereof
8. (1) In every case where a complaint is made to or an information laid before a magistrate or an officer of a magistrate's court who is authorized in