CAP. 75
Criminal Procedure Code
[Rev. 2012]
(2) If a subordinate court acting under subsection (1) considers that a finding,
sentence or order of the court of lower class is illegal or improper, or that the
proceedings were irregular, it shall forward the record with its remarks thereon to
the High Court.
[Act No. 17 of 1967, s. 35.]
364. Powers of High Court on revision
(1) In the case of a proceeding in a subordinate court the record of which has
been called for or which has been reported for orders, or which otherwise comes
to its knowledge, the High Court may—
(a) in the case of a conviction, exercise any of the powers conferred on it
as a court of appeal by sections 354, 357 and 358, and may enhance
the sentence;
(b) in the case of any other order other than an order of acquittal, alter
or reverse the order.
(2) No order under this section shall be made to the prejudice of an accused
person unless he has had an opportunity of being heard either personally or by an
advocate in his own defence:
Provided that this subsection shall not apply to an order made where a
subordinate court has failed to pass a sentence which it was required to pass under
the written law creating the offence concerned.
(3) Where the sentence dealt with under this section has been passed by
a subordinate court, the High Court shall not inflict a greater punishment for the
offence which in the opinion of the High Court the accused has committed than
might have been inflicted by the court which imposed the sentence.
(4) Nothing in this section shall be deemed to authorize the High Court to
convert a finding of acquittal into one of conviction.
(5) When an appeal lies from a finding, sentence or order, and no appeal is
brought, no proceeding by way of revision shall be entertained at the insistence of
the party who could have appealed.
[Act No. 10 of 1970, Sch.]
365. Discretion of court as to hearing parties
No party has a right to be heard either personally or by an advocate before the
High Court when exercising its powers of revision:
Provided that the court may, when exercising those powers, hear any party
either personally or by an advocate, and nothing in this section shall affect section
364(2).
366. Number of judges in revision
All proceedings before the High Court in the exercise of its revisional jurisdiction
may be heard and any judgment or order thereon may be made or passed by one
judge:
Provided that when the court is composed of more than one judge and the court
is equally divided in opinion, the sentence or order of the subordinate court shall
be upheld.
[Issue 1]
C44 - 102
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