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s 48C

Death or incapacity of magistrate during trial

In force
Part 7Miscellaneous

48C Death or incapacity of magistrate during trial

If, during the course of a civil or criminal trial, the presiding magistrate dies or is incapacitated—

(a)

if reasons for judgment in final form were prepared by the presiding magistrate—another magistrate appointed by the Chief

Magistrate may publish the reasons and grant judgment in accordance with them;

or

(b)

in any other case—another magistrate appointed by the Chief

Magistrate may complete the hearing and determination of the proceeding and—

(i)

rehear evidence and submissions to the extent that the magistrate thinks fit; and

(ii)

make orders as appropriate.

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