110Powers of Supreme Court

### 110 Powers of Supreme Court > *\[Section 110 Substituted by No. 108 of 1974, s. 30 \]* > > > (1)  The Supreme Court shall be constituted by a single judge for the hearing of motions to review under [section 107](#GS107@EN) , but the judge may reserve the motion or any point arising thereon for the Full Court or direct the motion or any such point to be argued in the Full Court, and the Full Court has power to hear and determine any motion or point so reserved or directed to be argued. > > > (2)  *\[Section 110 Subsection (2) amended by No. 45 of 1986, s. 26 \]**\[Section 110 Subsection (1) amended by No. 71 of 1993, s. 8 \]*On the hearing of a motion to review, the court shall, upon consideration of the evidence and materials adduced and brought before the justices and such further evidence (if any) as it thinks fit, review the order so far as relates to the ground set forth in the notice to review, and thereupon may do all or any of the following things, namely: > > > > > > (a) dismiss the motion; > > > > > > > (ab) in a case where the court considers that no substantial miscarriage of justice has occurred even though the cause or matter raised by the motion might be decided in favour of the applicant, dismiss the motion; > > > > > > > (b) confirm, vary, amend, rescind, set aside, or quash the order reviewed; > > > > > > > (c) remit the cause or matter to the justices by whom it was dealt with, either with or without any direction in law; > > > > > > > (d) order that the cause or matter be re-tried by a magistrate; > > > > > > > (e) prohibit the justices concerned, or any other person, from proceeding or further proceeding in respect of the order; > > > > > > > (f) amend or cause to be amended, on such terms as are just, any defect or error in any proceedings before the justices; > > > > > > > (g) make all such orders and cause all such proceedings to be had and taken as the court thinks necessary to secure a final determination of the cause or matter on the merits; > > > > > > > (h) [*\[Section 110 Subsection (2) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2000-054#JS4@Ja4@GC1@EN) exercise, in addition to any other powers conferred by this section, any power which the court might exercise upon *habeas corpus* or an order of review under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) ; > > > > > > > (i) exercise any power that might have been exercised by the justices in relation to whose order the motion to review is made. > > > (2AA)  [*\[Section 110 Subsection (2AA) inserted by No. 23 of 2013, s. 8, Applied:01 Sep 2013\]*](/view/html/inforce/2013-09-01/act-2013-023#GS8@EN) The court, on hearing a motion to review in relation to an order imposing a sentence on a person in relation to a matter, may, whether the person who filed the notice of review in respect of the order was the person or the prosecutor, take into account any matter, relevant to sentencing, that has occurred between when the justices who made the order dealt with the person in relation to the matter and when the court hears the motion to review. > > > (2AB)  [*\[Section 110 Subsection (2AB) inserted by No. 23 of 2013, s. 8, Applied:01 Sep 2013\]*](/view/html/inforce/2013-09-01/act-2013-023#GS8@EN) Despite [subsection (2AA)](#GS110@Gs2AA@EN) , the court, in exercising in relation to an order a power under [subsection (2)](#GS110@Gs2@EN) , the effect of the exercise of which is that the person to whom the order relates is being sentenced again for an offence, must not take into account any element of double jeopardy involved in the person being sentenced again so as to impose a less severe sentence than the court would otherwise consider appropriate. > > > (2AC)  [*\[Section 110 Subsection (2AC) inserted by No. 23 of 2013, s. 8, Applied:01 Sep 2013\]*](/view/html/inforce/2013-09-01/act-2013-023#GS8@EN) If the court quashes an order, made by justices, in relation to a matter and remits the matter under [subsection (2)](#GS110@Gs2@EN) to the justices, either with or without any direction in law – > > > > > > (a) the justices must hear and determine the matter in accordance with the law and any such direction in law; and > > > > > > > (b) the justices, in sentencing the person in relation to the matter, may take into account any matter relevant to sentencing that has occurred between when the court made the quashed order and when the justices determine the remitted matter; and > > > > > > > (c) despite [paragraph (b)](#GS110@Gs2AC@Hpb@EN) , the justices must not take into account the element of double jeopardy involved in the person being sentenced again, so as to impose a less severe sentence than the justices would otherwise consider appropriate. > > > (2A)  [*\[Section 110 Subsection (2A) inserted by No. 91 of 2001, s. 11, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-091#GS11@EN) If the court considers that the reasons given for making the order under review are insufficient, it may, before doing anything under [subsection (2)](#GS110@Gs2@EN) , remit the matter to the justices who made the order with a direction to furnish the court with further and better reasons within such time as the court specifies. > > > (2B)  [*\[Section 110 Subsection (2B) inserted by No. 91 of 2001, s. 11, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-091#GS11@EN) If [subsection (2A)](#GS110@Gs2A@EN) applies, the court must cause the further and better reasons to be made known to the parties to the notice to review as soon as practicable after they have been furnished to the court and, in any event, before the court proceeds to do anything under [subsection (2)](#GS110@Gs2@EN) . > > > (3)  On the hearing of a motion to review, all such amendments shall be made under [subsection (2)](#GS110@Gs2@EN) [(f)](#GS110@Gs2@Hpf@EN) as may be necessary for the purpose of determining the cause or matter on the merits.