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JUSTICES ACT 1886 - SECT 102D
Appeal to Supreme Court from magistrate’s decision
102D Appeal to Supreme Court from magistrate’s decision
(1) A person aggrieved by the decision of a magistrate upon an application
made under section 102C to dismiss a private complaint or to refuse the
application may appeal from that decision to a judge of the Supreme Court in
chambers by way of application made by originating summons.
(2) An appeal
under subsection (1) — (a) shall be instituted within 28 days after the date
when the magistrate’s decision is pronounced; and
(b) shall be by way of
hearing de novo;
and the decision of the judge in such an appeal shall be
final.
(3) Where an appeal under subsection (1) is instituted the appellant
shall be required to give security, in such manner and in such amount as a
judge of the Supreme Court may order, that the appellant will pay to the
respondent such costs incurred by the respondent on the appeal as the judge
who determines the matter of the appeal may order the appellant to pay.
(3A)
If an appellant ordered to give security for costs does not comply with the
order within the time specified therein or, if no time is specified, within a
reasonable time the judge before whom the appeal is brought shall order that
the appeal be struck out.
(4) Upon an appeal the judge may order that the
order in respect of which the appeal is made be affirmed or reversed and may
make such order as to costs as to the judge seems just.
(4A) Such costs
awarded shall constitute a debt due and owing by the person against whom they
are awarded to the person to whom they are awarded and may be recovered by
action in a court of competent jurisdiction.
(5) Save as is prescribed by
this section no appeal shall lie in respect of any order made in any
proceeding relating to a private complaint pursuant to section 102B or 102C or
this section.
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