Justices Act Amendment Act 1964 (WA)

No. 10.1 Justices. [1964.

JUSTICES.

13 Elizabeth II., No. X.

No. 10 of 1964.

AN ACT to amend the Justices Act, 1902-1962.

Assented to 2nd October, 1964.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Justices

Act Amendment Act, 1964.

Reprinted in

Vol. /3 of the (2) In this Act the Justices Act, 1902-1962 is

Reprinted referred to as the principal Act.

Acts,

for reprint 1st	approved
December,	(3) The principal Act as amended by this Act

Amended by may be cited as the Justices Act, 1902-1964.

Acts Nos.

7 of 1959,

29 of 1961 and

24 of 1962.

1964.] Justices. [No. 10.

S. 191

2. Section one hundred and ninety-seven of the repealed and

principal Act is repealed and re-enacted as follows-

re-enacted.

Order to

197. When review.

(a)

a person who feels aggrieved as com- plainant, defendant, or otherwise by the decision of any Justices shows, by affidavit to a Judge sitting in Court or chambers, a prima facie case of error or mistake in law or fact on the part of the Justices, or that the Justices had no jurisdiction to give the decision or exceeded their jurisdiction in giving the decision, or that the penalty or sentence imposed was, according as the person aggrieved may allege, inadequate or excessive in the circum- stances of the case;. or

(b)

Justices after he has pleaded guilty or a person against whom an order has been made by Justices after he has admitted the truth of the complaint shows, by affidavit to the satisfaction of such Judge so sitting, that in the circumstances of the case there are reasons which are sufficient to show that the decision of the Justices in a person who has been convicted by See s ' 183' order should be reviewed,

the Judge may, except where the person has the right of appeal under section one hundred and eighty-three of this Act, but otherwise, whether any other remedy is provided by law or not, within two months from the giving of the decision, grant the applicant (hereinafter called "the appellant") an order (hereinafter called "an order to review") calling upon the party interested in maintaining the decision, and also, if the Judge for any special reason so directs, upon the Justices to show cause, at a time to be specified in the order to review or so soon thereafter as the matter can come on for hearing, why the decision should not be reviewed.