SENTENCING ACT 1991 - SECT 104A Power to correct clerical mistakes, etc.

SENTENCING ACT 1991 - SECT 104A

    (1)     The judge or magistrate who gave judgment or passed sentence, or purported to give judgment or pass sentence, on the trial or hearing of an offence may, on his or her own initiative or on an application made on behalf of the defence or the prosecution, amend the judgment or sentence or purported judgment or sentence if satisfied—

        (a)     that it contains—

              (i)     a clerical mistake; or

              (ii)     an error arising from an accidental slip or omission; or

              (iii)     a material miscalculation of figures or a material mistake in the description of any person, thing or matter; or

              (iv)     a defect of form; or

        (b)     that it fails to deal with a matter that it would have undoubtedly dealt with in accordance with the amendment if the attention of the judge or magistrate had been drawn to it.

S. 104A(2) amended by No. 19/2015 s. 6(1).

    (2)     The power conferred by subsection (1) on a judge or magistrate may be exercised at any time.

    (3)     The power conferred by subsection (1) on a judge or magistrate may be exercised by any other judge of the Supreme Court or the County Court or magistrate (as the case requires) if the first-mentioned judge or magistrate is unable for any reason to do so within a reasonable time.

    (4)     It is not necessary for a proceeding under this section to be conducted in open court, or for a judge or magistrate considering the exercise of the power conferred by subsection (1) to hear or invite written submissions from any other party, unless the judge or magistrate considers that it is desirable or necessary to do so in the interests of justice in the particular case.

    (5)     This section applies, with any necessary modifications, in relation to any judgment given or sentence passed, or purportedly given or passed, by the Court of Appeal.

S. 104A(5A) inserted by No. 19/2015 s. 6(2).

    (5A)     In determining an application for leave to appeal against a judgment or sentence or in determining the appeal, the Court of Appeal may direct the amendment of the judgment or sentence to which the application or appeal relates if satisfied of the matters referred to in subsection (1)(a) or (b), whether the application is granted or refused or the appeal is allowed or dismissed.

    (6)     This section does not take away from—

        (a)     any power possessed by a judge or magistrate under statute or at common law; or

        (b)     any right to appeal against, or to seek leave to appeal against or a review of, a judgment or sentence that any party to a criminal proceeding otherwise has.

S. 104B inserted by No. 19/2015 s. 7.