Full legislation
s.25
Power of Court of First Instance to vary sentence on certiorari
(1)
Where a person who has been sentenced for an offence by a magistrate or the
District Court applies to the Court of First Instance for an order of certiorari to
remove the proceedings before the magistrate or the District Court into the Court of
First Instance, and the Court of First Instance determines that the magistrate or
the District Court had no power to pass the sentence, the Court of First Instance
may, instead of quashing the conviction, amend it by substituting for the sentence
passed any sentence which the magistrate or the District Court had power to
impose.
(2)
Any sentence passed by the Court of First Instance by virtue of this section in
substitution for the sentence passed by a magistrate or the District Court shall,
unless the Court of First Instance otherwise directs, begin to run from the time
when it would have begun to run if passed by the magistrate or the District
Court.
(3)
This section shall apply, with the necessary modifications, in relation to any
order of a magistrate or the District Court which is made on, but does not form part
of, the conviction of an offender as it applies in relation to a conviction and
sentence.