§ 400 — Power to call for records of State Courts

400.—(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State 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.[5/2014; 40/2019]

(2) No application may be made by any party under this section in relation to any judgment, sentence or order which the party 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.

—(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State 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.[5/2014; 40/2019]

(2) No application may be made by any party under this section in relation to any judgment, sentence or order which the party 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.