Proceedings before magistrate where warrant not produced
39 Proceedings before magistrate where warrant not produced
Where:
a person is brought or appears before a magistrate under this Act; and
a warrant of the kind described in paragraph 38(b) for the arrest of the person is not produced to the magistrate;
the magistrate must:
if satisfied that more time is reasonably required for deciding whether criminal or extradition proceedings should be started against the person—remand the person, either in custody or on bail, for a period not longer than 7 days; or
if not so satisfied—order that the person be released from custody.
A person remanded for a period under subsection (1) must be brought before a magistrate at the end of that period.
If a person remanded on bail under subsection (1) does not appear before a magistrate in accordance with the person’s recognizance, a magistrate may issue a warrant for the arrest of the person and for bringing the person before a magistrate.
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