Australian Capital Territory Consolidated Acts

MAGISTRATES COURT ACT 1930 - SECT 70

    (1)     This section applies if the court considers it is necessary or desirable to adjourn the hearing of a proceeding for an indictable offence—

        (a)     because of the absence of witnesses; or

        (b)     for any other reasonable cause.

    (2)     The court may—

        (a)     adjourn the hearing; and

        (b)     order the remand of the defendant into custody for a stated period; and

        (c)     order the chief executive to arrange for the defendant to be brought before the court at a stated time and place for the hearing.

Note     The court must issue a warrant for the remand of the defendant in the chief executive's custody (see Crimes (Sentence Administration) Act 2005 , s 17).

    (3)     If the period of remand is not longer than 3 days, the order may be made orally.

Note     The Crimes (Sentence Administration) Act 2005 , pt 3.2 provides for the chief executive to have custody of the defendant during the remand.

    (4)     Any single period of remand under this section must be no longer than—

        (a)     28 days; or

        (b)     if the defendant chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.