219FPowers of Supreme Court

219F Powers of Supreme Court (1) On a review appeal, the Supreme Court may, after considering the evidence before the Magistrates Court and any further evidence called by leave of the Supreme Court— (a) dismiss the appeal if satisfied that the decision of the Magistrates Court should be confirmed; or (b) set aside or quash, in whole or part, or otherwise vary or amend, the decision of the Magistrates Court. (2) If, under subsection (1) (b), the Supreme Court sets aside, quashes or otherwise varies or amends a decision of the Magistrates Court, the Supreme Court may— (a) for a decision mentioned in section 219B (1) (d)—order that the Magistrates Court commit the person to whom the decision relates to the Supreme Court for sentence under section 92A; or (b) for a decision mentioned in section 219B (1) (e)—order that the Magistrates Court continue the committal hearing of the person to whom the decision relates in accordance with part 3.5; or (c) for a decision mentioned in section 219B (1) (f)— (i) impose the sentence or penalty the Supreme Court considers appropriate; or (ii) by order, exercise any power that the Magistrates Court might have exercised; or

(d) in any other case— (i) remit the matter to the Magistrates Court for rehearing or for further hearing with or without directions of law; or (ii) make any other order the Supreme Court considers necessary to decide the matter finally, including a prohibition order or habeas corpus order. (3) For the purpose of— (a) correcting any defect or error in the proceeding before the Magistrates Court; or (b) enabling the matter to be decided on the merits; the Supreme Court may make the amendments of the proceeding in the Magistrates Court it considers appropriate. (4) For subsections (1) (b) and (2) (c), the Supreme Court must not— (a) vary a sentence or penalty such that the sentence or penalty as varied could not have been imposed by the Magistrates Court; or (b) impose a sentence or penalty that could not have been imposed by the Magistrates Court. (5) The Supreme Court may, despite the ground or any of the grounds for review mentioned in section 219D being established, dismiss the appeal if the court considers that no substantial miscarriage of justice has happened. (6) On the dismissal of an appeal, the decision of the Magistrates Court appealed from may be enforced, executed or given effect to as if the appeal had not been instituted. (7) If, in relation to a sentence or penalty mentioned in section 219B (1) (f), the Supreme Court— (a) varies a sentence or penalty under subsection (1) (b); or

(b) imposes a sentence or penalty or makes an order under subsection (2) (b); the sentence or penalty as varied or imposed or the order made has effect as if it were a decision of the Magistrates Court and may be enforced by the Magistrates Court accordingly. (8) On an appeal under this division from an order, decision, sentence or penalty mentioned in section 219B (1) (a), (d), (e) or (f), the Supreme Court must order that the costs of and incidental to the appeal are payable by the appellant. (9) Subsection (8) applies whether the Supreme Court dismisses the appeal or exercises any of the other powers given to it by this section.