Convicted? There Might Be an Automatic Review.
Understanding the Summary Review Ordinance (Cap 17)
What is the Summary Review Ordinance?
The **Summary Review Ordinance (Cap 17)** is a crucial piece of legislation designed to provide a “speedy remedy” for errors made by Magistrates in criminal cases. Enacted in 1901, its purpose is to ensure fairness by giving the Chief Justice the power to review, correct, or even overturn convictions from lower courts—all without the convicted person needing to file a complex appeal.
It’s a powerful “safety net” built into the justice system to catch and fix potential **Magistrate court errors**.
How the Review Process Works
1. Magistrates Report Cases
Every Magistrate must send **monthly lists** of all decided criminal cases to the Chief Justice, detailing the charge, conviction, and sentence.
2. An “Automatic Appeal”
Per Section 5, this list “shall operate as an appeal” on behalf of **every convicted person** named, even if they don’t file one themselves.
3. The Judicial Review
The Chief Justice or a Judge reviews the cases for legal errors, wrongful convictions, or excessive sentences.
Key Powers of the Chief Justice (Section 5)
Reverse Illegal Judgments
Can reverse or amend any judgment given “contrary to law.”
Set Aside Wrongful Convictions
Can set a judgment aside if the person “ought not to have been convicted.”
Reduce Excessive Sentences
Can **reduce any fine** or prison term that appears “excessive,” even if it was legal.
Liberate on Bail
Can order a person who has been imprisoned to be **liberated on bail** pending a final decision.
Order Repayment of Fines
Can give directions for the “repayment of any fine or other money paid” if a conviction is overturned.
Make Any Order for Justice
A broad power to make “such other order as justice may require” to fix the situation.
Why This Law Still Matters
The **Summary Review Ordinance (Cap 17)** is a vital component of judicial oversight. It ensures that the justice system can correct its own mistakes quickly and efficiently, providing a critical safeguard for the public against potential miscarriages of justice at the Magistrate level.
An Important Exception
It’s important to note: If a convicted person has *already* filed their own formal appeal to the Supreme Court, the Chief Justice will not use these summary review powers. The formal appeal process takes priority in that case.
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