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 , 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] 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 ;