Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 26

(1)

A person must be brought before a magistrate if:

(a)

the person was arrested under a warrant issued under subsection 21(2); and

(b)

the person is, under this Division, on remand 60 days after the day on which the person was arrested; and

(c)

a notice has not been given under subsection 20(1) 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 magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period but the notice is not given within the period:

(a)

the person must be brought before a magistrate; and

(b)

the magistrate must:

(i)

order the release of the person from custody; or

(ii)

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

as the case requires.