On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 25/06/2010.
400.
—(1) Subject to this section and section 401, the High Court may, on its own motion or on the application of a Subordinate Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any Subordinate Court to satisfy itself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of those proceedings.
(2) No application may be made by any party under this section in relation to any judgment, sentence or order which he could have appealed against but had failed to do so in accordance with the law unless the application is made —
(a)
against a failure by a court to impose the mandatory minimum sentence or any other sentence required by written law; or
(b)
against a sentence imposed by a court which the court is not competent to impose.
401.
—(1) On examining a record under revision in this Division, the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.
(2) The High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392.
(3) The High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the High Court so proceeding an opportunity of being heard either personally or by advocate.
(4) This section does not authorise the High Court to convert an acquittal into a conviction.
402. Where a case is revised under this Division, the High Court must certify its decision or order to the Subordinate Court which recorded or passed the judgment, sentence or order and that Court must make the requisite orders to give effect to the decision or order.
403.
—(1) No party has any right to be heard either personally or by advocate before the High Court when the High Court is exercising its powers of revision under this Division or Division 4.
(2) The High Court may, if it thinks fit, when exercising its powers of revision under this Division, hear any party either personally or by advocate, and nothing in this section shall be deemed to affect sections 401(3) and 404(4).