66
CAP. 227]
Magistrates
[1988 Ed.
Warrant of deliverance where accused is in prison when bail granted
103. (1) In every case where a magistrate admits to bail any person who is then in prison charged with the offence for which he is so admitted to bail, the magistrate shall send to or cause to be lodged with the Commissioner of Correctional Services a warrant of deliverance, under his hand and seal, requiring the said Commissioner to discharge the person so admitted to bail, if he is detained for no other offence, and, on such warrant of deliverance being delivered to or lodged with the said Commissioner, he shall forthwith obey the same. (See Form 92)
(2) Where, however, the bail of the person in prison is taken by the magistrates' clerk or a justice of the peace in pursuance of section 102(4) a written certificate, signed by such magistrates' clerk or justice, that the bail has been duly given shall be a good authority to the said Commissioner to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.
[cf. U.K. 1848 c. 42, s. 24]
Rehearing
(
Review of decision by magistrate
104. (1) Within 14 clear days after the determination in any manner by a magistrate of any matter which he has power to determine in a summary way it shall be lawful for either party thereto to apply to the magistrate to review his decision in the matter. (Amended, 69 of 1972, s. 2)
(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 Correctional Services, the magistrate shall, unless he dismisses the application forthwith, inform the Commissioner of Correctional Services in writing that an application for a review has been made, and thereafter the Commissioner of Correctional Services 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 14 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 14 clear days or after its expiration, to review his decision in the matter. (Amended, 69 of 1972, s. 2)
(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.
66
CAP. 227]
Magistrates
[1988 Ed.
Warrant of deliverance where accused is in prison when bail granted
103. (1) In every case where a magistrate admits to bail any person who is then in prison charged with the offence for which he is so admitted to bail, the magistrate shall send to or cause to be lodged with the Commissioner of Correctional Services a warrant of deliverance, under his hand and seal, requiring the said Commissioner to discharge the person so admitted to bail, if he is detained for no other offence, and, on such warrant of deliverance being delivered to or lodged with the said Commissioner, he shall forthwith obey the same. (See Form 92)
(2) Where, however, the bail of the person in prison is taken by the magistrates' clerk or a justice of the peace in pursuance of section 102(4) a written certificate, signed by such magistrates' clerk or justice, that the bail has been duly given shall be a good authority to the said Commissioner to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.
[cf. U.K. 1848 c. 42, s. 24]
Rehearing
(
Review of decision by magistrate
104. (1) Within 14 clear days after the determination in any manner by a magistrate of any matter which he has power to determine in a summary way it shall be lawful for either party thereto to apply to the magistrate to review his decision in the matter. (Amended, 69 of 1972, s. 2)
(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 Correctional Services, the magistrate shall, unless he dismisses the applica- tion forthwith, inform the Commissioner of Correctional Services in writing that an application for a review has been made, and thereafter the Com- missioner of Correctional Services 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 14 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 14 clear days or after its expiration, to review his decision in the matter. (Amended, 69 of 1972, s. 2)
(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.
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