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s 50R

Procedure on arrest after revocation under s. 50Q

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Part 6BAdministration of electronic monitoring conditions

50R Procedure on arrest after revocation under s. 50Q

(1)

An accused arrested under a warrant issued under section 50Q must be taken as soon as is practicable before an appropriate judicial officer.

(2)

However, if the accused is arrested less than 24 hours before the time at which the accused is due to appear in accordance with the accused’s bail undertaking, the accused must be held in custody and brought before an appropriate judicial officer at that time.

(3)

Also, subsection (4) applies if —

(a)

before arrest, the accused had been released on bail following the accused’s committal to the District Court or the Supreme Court to be tried (otherwise than for murder) or sentenced or otherwise dealt with; and

(b)

the accused has not made an appearance in that court on the committal.

(4)

The accused must be taken as soon as is practicable before a judicial officer who is empowered to exercise jurisdiction in the court in which the committal order was made, instead of before an appropriate judicial officer.

(5)

The judicial officer before whom an accused appears under this section may —

(a)

remand the accused in custody to appear at the time and place specified, or deemed by section 31(3) to be specified, in the accused’s bail undertaking; or

(b)

grant fresh bail to the accused in accordance with this Act, other than Schedule 1 Part B clause 2.

[Section 50R inserted: No. 28 of 2024 s. 22.]

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