113BReview by magistrate

### 113B Review by magistrate > *\[Section 113B Inserted by No. 108 of 1974, s. 30 \]* > > > (1)  [*\[Section 113B Subsection (1) amended by No. 22 of 2007, s. 18, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS18@EN) *\[Section 113B Subsection (1) amended by No. 45 of 1986, s. 27 \]*Subject to compliance with the provisions of the rules of court, a person who is aggrieved by an order made by a court of petty sessions (other than one constituted by a magistrate) in relation to an offence or a breach of duty may apply to a magistrate to review that order. > > > (2)  *\[Section 113B Subsection (2) amended by No. 45 of 1986, s. 27 \]*On the hearing of an application under this section, the magistrate may – > > > > > > (a) if he is of opinion that the matter received by him from the original court is insufficient to enable him to review the order; or > > > > > > > (b) with the consent of the party who was the defendant in the original proceedings – > > > > proceed as if the defendant was then and there appearing before him on the first hearing of the relevant complaint and had pleaded guilty to the matter of complaint contained therein. > > > (3)  Upon the hearing of an application under this section – > > > > > > (a) the magistrate may exercise any of the powers contained in [paragraphs (a)](#GS110@Gs2@Hpa@EN) , [(b)](#GS110@Gs2@Hpb@EN) , [(f)](#GS110@Gs2@Hpf@EN) , and [(g)](#GS110@Gs2@Hpg@EN) of [section 110](#GS110@EN) [(2)](#GS110@Gs2@EN) ; and > > > > > > > (b) the provisions of [section 111](#GS111@EN) [(7)](#GS111@Gs7@EN) apply, with the necessary modifications, to the hearing of an application under this section. > > > (3A)  [*\[Section 113B Subsection (3A) inserted by No. 23 of 2013, s. 10, Applied:01 Sep 2013\]*](/view/html/inforce/2013-09-01/act-2013-023#GS10@EN) A magistrate, on the hearing of an application under this section in relation to an order imposing a sentence on a person in relation to a matter, may (whether the person or the prosecutor applied under [subsection (1)](#GS113B@Gs1@EN) for the review) take into account any matter relevant to sentencing that has occurred between when the order to which the reviews relates was made and when the magistrate reviews the order. > > > (3B)  [*\[Section 113B Subsection (3B) inserted by No. 23 of 2013, s. 10, Applied:01 Sep 2013\]*](/view/html/inforce/2013-09-01/act-2013-023#GS10@EN) Despite [subsection (3A)](#GS113B@Gs3A@EN) , a magistrate, in exercising in relation to an order in respect of a person a power under [subsection (3)](#GS113B@Gs3@EN) , the effect of the exercise of which is that the person is being sentenced again for an offence, must not take into account any element of double jeopardy so as to impose a less severe sentence than the magistrate would otherwise consider appropriate. > > > (4)  *\[Section 113B Subsection (4) amended by No. 45 of 1986, s. 27 \]*The receipt by an original court of an application under this section operates as a suspension *ab initio* of the order to be reviewed, except in so far as that order imposes a term of imprisonment on a person referred to in the order. > > > (5)  *\[Section 113B Subsection (5) amended by No. 45 of 1986, s. 27 \]*Notwithstanding anything contained in [subsection (4)](#GS113B@Gs4@EN) , a justice may grant bail to a person sentenced to a term of imprisonment under the order for any period not exceeding 28 days if, in the opinion of the justice, adequate measures can be taken to secure the attendance of that person at the hearing of the application.