91Sentence by another judge or magistrate

91 Sentence by another judge or magistrate

(1)  This section applies if, on the trial of an offence –

(a) a verdict of guilty has been found or a plea of guilty has been received but no judgment or sentence has been given or passed on it; and

(b) the judge or magistrate who presided at the trial or received the plea goes out of office or it appears probable that, because of incapacitating illness or other serious cause, he or she will be unable to give judgment or pass sentence within a reasonable time.

(2)  If this section applies, any other judge of the Supreme Court or magistrate, as the case requires, may, in open court –

(a) take all necessary steps preliminary to the giving of judgment or the passing of sentence; and

(b) give judgment or pass sentence.

(3)  In all cases where it is possible to do so, the judge or magistrate referred to in subsection (1)(b) is to be consulted before judgment is given or sentence is passed.

(4)  Non-compliance with subsection (3) does not affect the validity of the judgment or sentence.

(5)  The question whether it appears probable that a judge or magistrate will be unable, for the reasons referred to in subsection (1)(b) , to give judgment or pass sentence within a reasonable time is to be decided by the Chief Justice or the Chief Magistrate, as the case requires, and that decision is final.

(6)  If, on the trial of an offence –

(a) a verdict of guilty has been found or a plea of guilty has been received; and

(b) all steps preliminary to the giving of judgment or the passing of sentence have been taken but no judgment or sentence has been given or passed –

any other judge of the Supreme Court or any other magistrate, as the case requires, may give the judgment or pass the sentence determined by the judge or magistrate who presided at the trial or received the plea.

(7)  If, at any time before the commencement of the trial of an indictable offence, including one heard summarily, the accused person pleads guilty, any judge of the Supreme Court or any magistrate, as the case requires, other than the one receiving the plea may take all necessary steps preliminary to the giving of judgment or passing of sentence and may give judgment or pass sentence.