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CS Professional · Compliance Management, Audit and Due Diligence · Non-Compliances, Penalties and Adjudications

During a summary trial of an officer of Orbit Foods Ltd, the Special Court realises that the case may warrant imprisonment of more than one year. What must it do?

The Special Court must hear the parties, record an order to that effect, recall any witnesses already examined, and proceed to hear or rehear the case under regular trial procedure, because summary trial cannot yield imprisonment above one year.

  1. AContinue summarily and cap the sentence at one year regardless
  2. BTransfer the case to a Metropolitan Magistrate for disposal
  3. CRecord an order after hearing the parties, recall witnesses already examined, and proceed under the regular trial procedureCorrect
  4. DDismiss the complaint and direct the Registrar to file afresh

Explanation

Where the nature of the case suggests a sentence above one year, or summary trial is otherwise undesirable, the Special Court must, after hearing the parties, record an order to that effect, recall any witnesses examined and hear or rehear the case under regular procedure. It need not dismiss or transfer the case.

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