21Decision of 2 or more justices

21 Decision of 2 or more justices

[Section 21 Amended by No. 108 of 1974, s. 38 and Sched. 1 ]

(1)  Subject to subsection (2) , when 2 or more justices hear a matter, and do not agree, the decision of the majority shall be the decision of the justices, and if they are equally divided in opinion, the justices present, or a majority of them may –

(a) dismiss the case; or

(b) adjourn the case for a rehearing with additional justices, or by other justices, or by a magistrate sitting alone.

(2)  When 2 justices only are present and acting at the hearing of a matter and do not agree, if one of them is a magistrate, the decision of the magistrate shall prevail.

(3)  Where a complaint must be heard and determined by 2 or more justices, the justices making the decision must be present and act together during the whole of the hearing and determination.