CRIMINAL APPEAL ACT 1912 - SECT 8A
Power of court to order committal proceedings to be continued in certain cases
CRIMINAL APPEAL ACT 1912 - SECT 8A
Power of court to order committal proceedings to be continued in certain cases
8A Power of court to order committal proceedings to be continued in certain
cases
(1) Where a person deemed to be convicted on indictment under section 102(2)
of the Criminal Procedure Act 1986 , appeals to the court against the
conviction, the court may, either of its own motion, or on the application of
the appellant, order that the proceedings before the Magistrate at which
the appellant pleaded guilty be continued at a time and place to be specified
in the order, if the court considers that a miscarriage of justice has
occurred, and, that having regard to all the circumstances, the miscarriage of
justice can be more adequately remedied by an order that those proceedings be
so continued than by any other order which the court is empowered to make.
(2) Where an order is made under subsection (1), the proceedings before the
Magistrate shall be continued in all respects as if the appellant had not
pleaded guilty and as if those proceedings had been adjourned by the
Magistrate to the time and place specified in the order.
Upon the making of the order, the court may, subject to the Bail Act 2013,
exercise any power that the Magistrate might have exercised under section 41
of the Criminal Procedure Act 1986 , if the order had been an order made by
the Magistrate adjourning the proceedings to the time and place so specified,
and the provisions of section 41 of that Act apply to and in respect of
the appellant.
(3) The powers conferred on the court by this section are in
addition to any other power conferred on the court by this Act.
