113AAlternative appeals in certain cases

113A Alternative appeals in certain cases

[Section 113A Inserted by No. 108 of 1974, s. 30 ]

(1)  A person who is aggrieved by an order made by a court of petty sessions (other than one constituted by a magistrate) may appeal to a magistrate as provided in this section.

(2)  *[Section 113A Subsection (2) amended by No. 71 of 1993, s. 9 ]*An appellant shall, within 21 days after the making of the order to which the appeal relates, serve on the person concerned in upholding the order, and on the appropriate clerk of petty sessions, a notice of appeal setting forth the grounds of the appeal.

(3)  *[Section 113A Subsection (3) amended by No. 45 of 1987, s. 21 and Sched. 1 ]*A clerk of petty sessions shall, on receipt of a notice of appeal, transmit a copy of the notice to the Chief Magistrate.

(4)  [Section 113A Subsection (4) amended by No. 45 of 1987, s. 21 and Sched. 1 ][Section 113A Subsection (4) substituted by No. 23 of 2009, s. 29, Applied:16 Jun 2009] The Chief Magistrate is to give –

(a) the appellant or his or her lawyer; and

(b) the person concerned in upholding the order or his or her lawyer –

14 days' notice of the day on which and the place at which an appeal under this section is to be heard.

(5)  An appeal under this section operates as a stay of execution of the order appealed against –

(a) in respect of the payment of money; and

(b) in respect of the imprisonment of the appellant, if a justice, in his discretion, admits the appellant to bail –

(i) with such surety or sureties as the justice may require; and

(ii) to appear on the appeal and at every time and place to which, during the course of the proceedings, the hearing may be from time to time adjourned.

(6)  Except as provided in subsection (5) , a magistrate or any 2 justices may, on summons to the respondent, and on such terms and conditions as seem fit to him or them, stay any proceedings upon an order appealed against, or suspend its operation .