s. 102 * * * * * S. 101(4) amended by No. 45/1996 s. 18(Sch. 2 item 11.15), repealed by No. 45/2001 s. 45. (5) This section does not take away from any power possessed by a judge or magistrate under statute or at common law. 102 Sentence by another judge or magistrate (1) Subsection (2) applies where on the trial or S. 102(1) amended by hearing of an offence— No. 68/2009 s. 97(Sch. item 110.76). (a) a verdict of guilty has been found or a plea S. 102(1)(a) amended by of guilty has been received but no judgment No. 30/2010 or sentence has been given or imposed on it; s. 25(a). and (b) the judge or magistrate who presided at the S. 102(1)(b) amended by trial or hearing or received the plea (as the Nos 68/2009 case requires) goes out of office or it appears s. 97(Sch. item 110.76), to be probable that because of incapacitating 30/2010 illness or other serious cause he or she will s. 25(b). be unable to give judgment or impose sentence within a reasonable time. (2) If this subsection applies any other judge of the S. 102(2) amended by Supreme Court or the County Court or magistrate No. 30/2010 (as the case requires) may in open court take s. 25(b)(c). (if necessary) all steps preliminary to the giving of judgment or the imposing of sentence and may give judgment or impose sentence. (3) In all cases where it is possible so to do the judge S. 102(3) amended by or magistrate referred to in subsection (1)(b) must No. 30/2010 be consulted before judgment is given or sentence s. 25(a). is imposed under subsection (2).
S. 101(4) amended by No. 45/1996 s. 18(Sch. 2 item 11.15), repealed by No. 45/2001 s. 45. * * * * * (5) This section does not take away from any power possessed by a judge or magistrate under statute or at common law. 102 Sentence by another judge or magistrate s. 102 S. 102(1) amended by No. 68/2009 s. 97(Sch. item 110.76). (1) Subsection (2) applies where on the trial or hearing of an offence— S. 102(1)(a) amended by No. 30/2010 s. 25(a). (a) a verdict of guilty has been found or a plea of guilty has been received but no judgment or sentence has been given or imposed on it; and S. 102(1)(b) amended by Nos 68/2009 s. 97(Sch. item 110.76), 30/2010 s. 25(b). (b) the judge or magistrate who presided at the trial or hearing or received the plea (as the case requires) goes out of office or it appears to be probable that because of incapacitating illness or other serious cause he or she will be unable to give judgment or impose sentence within a reasonable time. S. 102(2) amended by No. 30/2010 s. 25(b)(c). (2) If this subsection applies any other judge of the Supreme Court or the County Court or magistrate (as the case requires) may in open court take (if necessary) all steps preliminary to the giving of judgment or the imposing of sentence and may give judgment or impose sentence. S. 102(3) amended by No. 30/2010 s. 25(a). (3) In all cases where it is possible so to do the judge or magistrate referred to in subsection (1)(b) must be consulted before judgment is given or sentence is imposed under subsection (2).
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