Revoked – Correcting penalties imposed contrary to law - Practice Direction 1 of 2016

Section 104B of the Sentencing Act 1991 allows a court to reopen a proceeding to correct a sentence imposed contrary to law or which failed to impose a penalty that is required to be imposed by law.

The court may reopen the proceeding of its own motion or upon application by a party and, in so doing, must take into account the time that has elapsed since either the imposition of, or the failure to impose, the original penalty.

Section 104B is drafted in terms of "the court may at any time, reopen the proceedings” rather than the terminology in s104A that refers to "the judge or magistrate".