1964_MAGISTRATES_ORDINANCE — Page 76

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1988 Ed.] Magistrates [CAP. 227 75

Release from custody by a magistrate and powers of the judge on appeal

119. (1) In the case of any appeal to which section 105 or 113 applies-

(a) where an appellant is in custody, any magistrate may, if he thinks fit, release him from custody on his complying with the provisions of sections 110 and 114 relating to entering into recognizances, if he has not already done so, and on his either entering into a recognizance, with or without sureties and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magistrate's consent other security for his appearance; (See Forms 98, 99)

(b) recognizances for the purpose of section 110 or 114 and this section may, if it be convenient, be combined in one recognizance;

(c) the judge may from time to time adjourn the hearing of any appeal;

(d) the judge may by his order confirm, reverse or vary the magistrate's decision or may direct that the case shall be heard de novo by a magistrate or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate;

(e) the powers of the judge under paragraph (d) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;

(f) the Registrar shall send to the magistrates' clerk, for entry in his record, a memorandum of the judge's decision, and shall endorse a like memorandum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of the memorandum shall be added thereto and shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction; (Replaced, 24 of 1949, s. 39)

(g) where an appellant has been convicted of an offence and the magistrate could on the complaint or information have found him guilty of some other offence, the judge may, if he considers that the magistrate must have been satisfied of facts which proved the appellant guilty of that other offence, substitute for the conviction recorded by the magistrate a conviction of that other offence and pass such sentence in substitution for the sentence passed by the magistrate as may be warranted in law for that other offence. (Added, 49 of 1965, s. 20)

Provisions as to costs

120. (1) On any appeal to which section 105 or 113 applies, the judge may make such orders as to costs, as he may think fit, and may-

(a) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly