111Hearings de novo

### 111 Hearings de novo > *\[Section 111 Substituted by No. 108 of 1974, s. 30 \]* > > > (1)  Notwithstanding anything contained in [section 110](#GS110@EN) and subject to this section, a person who has filed, or has been served with, a notice to review may apply to the Supreme Court for an order that the complaint to which the notice relates be heard *de novo* and determined in the Supreme Court. > > > (2)  An application for an order under [subsection (1)](#GS111@Gs1@EN) may be made on a return day fixed for the notice to review to which it relates or on summons on any day before that day and shall in any case, except with the consent of the respondent to the application, be made before the commencement of the hearing of the motion to review to which it relates. > > > (3)  No application for an order under [subsection (1)](#GS111@Gs1@EN) shall be made in relation to a notice to review an order – > > > > > > (a) made *ex parte*, unless the applicant has first applied to set it aside; > > > > > > > (b) made on the applicant's plea of guilty; or > > > > > > > (c) made by 2 or more justices. > > > (4)  An order shall not be made under [subsection (1)](#GS111@Gs1@EN) unless the court is satisfied that, having regard to all the circumstances, the interests of justice require that the complaint be reheard *de novo*. > > > (5)  Without limiting the generality of the provisions of [subsection (4)](#GS111@Gs4@EN) , the court may make an order under [subsection (1)](#GS111@Gs1@EN) , if – > > > > > > (a) there does not exist, or it is not practicable to bring into existence, any sufficient account of that part of the proceedings to which any ground set out in the notice to review relates; > > > > > > > (b) at the hearing of the complaint the applicant was not represented by counsel and evidence available at that time amounting to a substantial ground of defence was not then adduced; or > > > > > > > (c) the parties to the notice to review consent to the making of an order. > > > (6)  Upon the making of an order under [subsection (1)](#GS111@Gs1@EN) , the court – > > > > > > (a) may make such orders as to costs occasioned by the notice to review and the application as the court thinks fit; > > > > > > > (b) may require security for the costs of the rehearing of the complaint to be given; and > > > > > > > (c) may extend the operation of any order made on the notice to review or make any order that, but for the application, might have been made on the notice to review pursuant to [section 109](#GS109@EN) [(1)](#GS109@Gs1@EN) [(c)](#GS109@Gs1@Hpc@EN) or [(d)](#GS109@Gs1@Hpd@EN) . > > > (7)  Where a complaint is heard and determined *de novo* pursuant to this section, the court has all the powers of the justices at the original hearing of the complaint, and the orders and warrants of the court have the like effect, and are enforceable in the like manner, as if they were made or issued by the justices. > > > (8)  Notwithstanding anything contained in the foregoing provisions of this section, the court may, if it considers it expedient so to do, order that a complaint in respect of which an application for an order under [subsection (1)](#GS111@Gs1@EN) has been made shall be reheard by a magistrate and may exercise the powers referred to in [subsection (6)](#GS111@Gs6@EN) on making such an order.