sec.129Recommittal in case of error

### sec.129 Recommittal in case of error If in any case a defendant is committed to take the defendant’s trial or for sentence before a court which has not jurisdiction to try the case or pass sentence upon the defendant, or before which the defendant ought not to be committed to take the defendant’s trial or for sentence, or the judge whereof is by reason of interest or otherwise incapacitated from trying the case or passing sentence, the committing justices or any other justices may at any time before the time appointed for holding such court direct the defendant and the warrant of commitment (if any) to be brought before them, whether the defendant has been granted bail or not, and may, upon production of the depositions and without further evidence, cancel the warrant or commitment, and may commit the defendant afresh to take the defendant’s trial or for sentence before another and the proper court, and may, in a proper case, grant the defendant bail or enlarge the defendant’s bail, if the defendant has been already granted bail, or if the defendant is brought before the court at the time appointed for holding the same, the court may, notwithstanding such defect of jurisdiction or incapacity, remand the defendant to take the defendant’s trial or for sentence before another and the proper court, and may, in a proper case, grant the defendant bail or enlarge the defendant’s bail if the defendant has been already granted bail. s 129 amd 1977 No. 13 s 11 ; 1980 No. 35 s 4 (1) sch 1 ; 2008 No. 59 s 67