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COMMONWEALTHAct
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s 14

Release from remand after certain periods

In force
Part 3Surrender of persons to a Tribunal
Division 1Arrest of persons

14 Release from remand after certain periods

(1)

A person must be brought before a magistrate if:

(a)

the person was arrested under a warrant issued under subsection 10(2); and

(b)

the person is, under this Division, on remand 14 days after the day on which the person was arrested; and

(c)

a notice has not been given under section 9 in relation to the person.

(2)

Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must:

(a)

order the release of the person from custody; or

(b)

order the discharge of the recognisances on which bail was granted to the person; as the case requires.

(3)

If:

(a)

a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period; and

(b)

the notice is not given within the period;

the person must be brought before a magistrate.

(4)

The magistrate must:

(a)

order the release of the person from custody; or

(b)

order the discharge of the recognisances on which bail was granted to the person;

as the case requires.

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