CAP. 227]
[s. 102 cont.]
24 of 1949, B.88.
Magistrates.
(2) Any such application may be made by the party himself in person, or may be made by his counsel in open court whether the party himself be present or not.
(3) If either party to the said matter is in the custody of the Commissioner of Prisons, the magistrate shall, unless he dismisses the application forthwith, inform the Commissioner of Prisons in writing that an application for a review has been made, and thereafter the Commissioner of Prisons shall produce the said party whenever so required in writing by a magistrate for the purposes of the review or of the application therefor.
(4) It shall be lawful for the magistrate to grant the application for a review at any time provided that the application for the review shall have been duly made in accordance with the provisions of subsections (1) and (2).
(5) It shall also be lawful for a magistrate on his own initiative, within seven clear days after the determination in any manner of any matter which he has power to determine in a summary way, to re-open the case, and thereafter, whether within the said period of seven clear days or after its expiration, to review his decision in the matter.
(6) If the magistrate on his own initiative reviews his decision or grants an application for a review, it shall be lawful for him upon the review to re-open and re-hear the case wholly or in part, and to take fresh evidence, and to reverse, vary or confirm his previous decision.
(7) If the magistrate upon the review decides that the case is one which should be re-opened and wholly re-heard and if he is of the opinion that in the interests of justice the case should be re-heard by another magistrate, it shall be lawful for some other magistrate to re-hear and determine the case accordingly.
(8) For the purpose of the review a magistrate shall have all the powers, as to securing the attendance of the parties and witnesses and otherwise, that he would have if the matter were brought before him as an original complaint or information.
(9) No application for a review shall be granted and no exercise by a magistrate shall be made of the power conferred on him by subsection (5) subsequent to the com-
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Page 61
CAP. 227]
[s. 102 cont.]
24 of 1949, B.88.
Magistrates.
(2) Any such application may be made by the party himself in person, or may be made by his counsel in open court whether the party himself be present or not.
(3) If either party to the said matter is in the custody of the Commissioner of Prisons, the magistrate shall, unless he dismisses the application forthwith, inform the Commis- sioner of Prisons in writing that an application for a review has been made, and thereafter the Commissioner of Prisons shall produce the said party whenever so required in writing by a magistrate for the purposes of the review or of the application therefor.
(4) It shall be lawful for the magistrate to grant the application for a review at any time provided that the application for the review shall have been duly made in accordance with the provisions of subsections (1) and (2).
(5) It shall also be lawful for a magistrate on his own initiative, within seven clear days after the determination in any manner of any matter which he has power to deter- mine in a summary way, to re-open the case, and thereafter, whether within the said period of seven clear days or after its expiration, to review his decision in the matter.
(6) If the magistrate on his own initiative reviews his decision or grants an application for a review, it shall be lawful for him upon the review to re-open and re-hear the case wholly or in part, and to take fresh evidence, and to reverse, vary or confirm his previous decision.
(7) If the magistrate upon the review decides that the case is one which should be re-opened and wholly re-heard and if he is of the opinion that in the interests of justice the case should be re-heard by another magistrate, it shall be lawful for some other magistrate to re-hear and determine the case accordingly.
(8) For the purpose of the review a magistrate shall have all the powers, as to securing the attendance of the parties and witnesses and otherwise, that he would have if the matter were brought before him as an original com- plaint or information.
(9) No application for a review shall be granted and no exercise by a magistrate shall be made of the power conferred on him by subsection (5) subsequent to the com-
286
Page 60Page 61
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