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In forceAmended2020 Revised Edition

Part 3 · General Division of High Court

10. Proceedings in General Division

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Amended

Last amended by an amending law of 2021. 3 amendments in all.

(1)

Subject to subsection (1A), every proceeding in the General Division and all business arising out of the proceeding is to be heard and disposed of before a single Judge, or before any other number of Judges as provided by any written law for the time being in force.

(1A)

Despite subsection (1) and any other written law mentioned in that subsection, the Chief Justice may direct that any particular proceeding in the General Division be heard before a court consisting of any uneven number of Judges greater than the number provided under subsection (1) or that other written law.

(1B)

A proceeding in the General Division before 3 or more Judges must be decided in accordance with the opinion of the majority of them.

(2)

A Judge may, subject to Rules of Court or Family Justice Rules, exercise in court or in chambers all or any part of the jurisdiction vested in the General Division, in all such causes and matters and in all such proceedings in any causes or matters as might immediately before 9 January 1970 have been heard in court or in chambers respectively by a single Judge, or as may be directed or authorised to be so heard by Rules of Court or Family Justice Rules for the time being in force.

(3)

[Deleted by Act 42 of 2014]

(4)

If a Judge reserves judgment in any proceedings and his or her appointment as a Judge expires or is terminated before his or her judgment is delivered, he or she has power to deliver judgment in respect of those proceedings, even though his or her appointment as a Judge has expired or has been terminated.

(5)

No Judge is to sit in the General Division on the hearing of, or determine any application in proceedings incidental or preliminary to —

(a)

an appeal from a judgment or an order made by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts;

(b)

an appeal against a conviction before the Judge or a sentence passed by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts;

(c)

the consideration of any case stated by the Judge under section 395 of the Criminal Procedure Code 2010 as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts;

(d)

any application made under section 400 of the Criminal Procedure Code 2010 in relation to any judgment or order made, or sentence passed, by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts; or

(e)

any proceedings relating to any judgment, order or direction made by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts.

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