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Criminal procedure — magistrate of opinion that sentence in excess of jurisdiction justified — Magistrates Court Act [Chapter 18] — s 58(2) — duty of magistrate when invoking section.
Before a magistrate may, at the end of a hearing, invoke the provisions of s 58(2) of the Magistrates Court Act [Chapter 18], he is required to reach an opinion that a sentence in excess of his jurisdiction is required. This is a judicial decision and must be based on all the factors pertaining to the question of sentence; he is not to abandon his judicial function and abdicate in favour of the prosecuting authority. If a magistrate does decide to invoke the provisions of s 58(2), he must give his reasons for so doing. The reasons need not be elaborate but they should be adequate to satisfy any court looking at the record of proceedings why he so acted.
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