46
Dail pending confirmation.
Power to call
Ior recoră
of proceedings.
Powers of confirming authority.
Power to
transfer cases.
6
(3) In cases coming to them for review under this
section the General Officer Commiandling alid the Chief Civil Affairs Officer may exercise any of the powers conferred by section 20 of unis Proclamation upon a confirming authority, notwill. Canding any. action which may have been taken previously upon the same case by a confirming authority.
18.'
In any case in which a sentence of imprisonmeilt imposeu by the court requires to be comirmed ine offender shall be kept in confinement pending such con. irmation, except that in any case in willen an offender has been Sentenced to imprisonment only in default of payment of a fine tue Cial court may release the offender on bail.
19. (1) Ine Chief Legal Adviser or ine Legal Adviser may
call for and examine the record of any proceedings before any court or the purpose of satisfying nimself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed alú as to the regularity of any proceedings in such court.
20.
(2) After the receipt of the record of the proceedings the Cuier Legal Adviser or Legal Adviser, as the case may be, if he is not satisfied as to the correctness, legality or propriety of such judgment, sentence or oruer, small transmit such record to the proper reviewing authority who may make such order therein as he thinks fit in exercise of the powers conferred by section 20 of this Proclamation upon a confirming authority.
The confirming authority may
(a) uphold the conviction and sentence;
or
(b) uphold the conviction and reduce or increase the
sentence: proviaea that no sentence shall be increased unless warranted by the evidence and provided further that if so warrantea it shall not be increased beyond that which the trial court had power to impose; or
(c) quash the conviction and sentence and acquit the
accused or order him to be retried by a court of competent jurisdiction;
or
(a) make such other order as justice may require.
21. Ir on the trial of any charge in any District Court it appears to the court at any stage of the proceedings that for any reason the case is one which should in the opinion of the court be trieu by ine Higner Court, thè Court shall stay the proceedings am̃u shall order the case to be transferred to une Higher Court and shall recorâ such order on the proceedings. Thereupon the Higner Court shall commence the trial ae novo.