s.174Duty of Summary Court as to case stated
174
Section 174Part 9Appeals from Summary Court

Duty of Summary Court as to case stated

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The magistrate, upon receiving the application of the appellant or an order of the Grand Court in that behalf, as the case may be, shall, subject to section 173, draw up the special case concisely setting forth such facts and documents, if any, as may be necessary to enable the court to decide the questions raised in the case, and shall forthwith transmit the same together with a copy of the conviction, order or judgment appealed from and all documents alluded to in the special case to the Clerk who, on application of either party, shall supply such applicant with a copy of the case stated on payment for the same of any prescribed charge.
A case stated under subsection (1), in addition to any other matter which appears to the magistrate to be relevant, shall set out
the charge, summons, information or complaint in respect of which the proceedings arose;
the facts found by the Summary Court to be admitted or proved;
any submission of law made by or on behalf of the complainant during the trial or inquiry;
any submission of law made by or on behalf of the accused person during the trial or inquiry;
the finding and, in the case of conviction, the sentence of the Summary Court;
any question of law which the magistrate or any of the parties desires to be submitted for the opinion of the Grand Court; and
any questions of law which the Director of Public Prosecutions may require to be submitted for the opinion of the Grand Court.

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