Constitution of Court
7A Constitution of Court
Subject to this section, the Court, when sitting to adjudicate on any matter, must be constituted of a Magistrate.
Subject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Magistrate or the rules.
The Court may be constituted of a special justice—
in its Petty Sessions Division; or
to hear and determine uncontested applications of a class prescribed by the regulations; or
to hear and determine appeals under section 23 of the
Fines Enforcement and Debt Recovery
Act 2017; or
in any other case—if there is no Magistrate or Judicial
Registrar available.
If the Court is constituted of a Judicial Registrar or special justice in criminal proceedings, the Court—
may not impose a sentence of imprisonment; and
if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a
Magistrate.
If there is no Magistrate, Judicial Registrar or special justice available to constitute the Court as a bail authority, the Court may be constituted of 2 justices for the purposes of an application under the
Bail
Act 1985.
The Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.
This provision refers to the regulations (the regulations
, prescribed by the regulations
). Made under this Act:
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