(1) Where a person re-applies for the expungement of a spent conviction pursuant to section 19 and the application is rejected, that person may appeal to a Magistrate within sixty days from the date of such rejection, or such longer period as may be permitted by the Magistrate.
(2) Where an appeal is made pursuant to subsection (1), a Magistrate shall review all the circumstances of the case and, if the Magistrate is of the opinion that the Board has failed to give due consideration to any matter which would have constituted sufficient reason for granting the application, he or she shall direct that the case be remitted to the Board.
(3) In relation to any appeal made under subsection (1)—
(a) where a Magistrate is satisfied that due consideration had been given to the application, he or she shall reject the appeal;
(b) where a Magistrate is satisfied that the decision of the Board is unjust or perverse, he or she shall allow the appeal and reverse the decision of the Board.
(4) Where, having regard to a decision made under subsection (3), a direction is required to be made for the expungement from the records of a spent conviction, such direction shall be made in like manner and shall have the same effect as a direction made by the Board under section 15.
(5) The Magistrate's decision shall be final in relation to any appeal made to him or her under this section and he or she shall, in writing, advise the applicant of the outcome of the appeal.