68
CAP. 227]
Magistrates
[1988 Ed.
PART VII
APPEALS
Appeal by way of case stated
Application to state case on point of law
105. Within 14 clear days after the hearing and determination by a magistrate of any complaint, information, charge or other proceeding which he has power to determine in a summary way, either party thereto or any person aggrieved thereby who desires to question by way of appeal any conviction, order, determination or other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the magistrate to state and sign a case setting forth the facts and the grounds on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for the opinion of a judge. In the case of any determination which a magistrate has power to determine in a summary way and which relates to or is connected with an offence the Attorney General shall notwithstanding that he may not be deemed to be a party, have a similar right to apply for a case to be stated as that hereinbefore afforded to the parties and upon the exercise of such right by the Attorney General the complainant or informant shall cease to be a party to any further proceedings.
(Replaced, 24 of 1949, s. 39. Amended, 69 of 1972, s. 3 and 92 of 1975, s. 58) (See Forms 95, 97)
[cf. U.K. 1857 c. 43, s. 2 & 1879 c. 49, s. 33]
Transmission of case to Registrar and notice to respondent
106. The appellant shall, within 14 days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before the magistrate, hereinafter referred to as the respondent, and, in any case in which the Attorney General is neither the appellant nor deemed to be a party but is entitled to apply for a case to be stated, also to the Attorney General.
(Replaced, 24 of 1949, s. 39)
Amendment of case by magistrate
107. After the delivery of a case to the appellant as aforesaid but before the commencement of the hearing by a judge, it shall be lawful for the magistrate on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit:
Provided that if the case is so amended the provisions of sections 106 and 108 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.
(Replaced, 24 of 1949, s. 39)
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