111Hearings de novo

111 Hearings de novo

[Section 111 Substituted by No. 108 of 1974, s. 30 ]

(1)  Notwithstanding anything contained in section 110 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) 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) 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) 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) , the court may make an order under subsection (1) , 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) , the court –