• Specific Year
    Any

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 12 Remand

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 12

Remand

  (1)   A person who is arrested under a warrant must, as soon as practicable:

  (a)   be given a written notice that:

  (i)   specifies the Tribunal offence in respect of which the warrant was issued; and

  (ii)   describes the conduct that is alleged to constitute that offence; and

  (b)   be brought before a magistrate in the State or Territory in which the person is arrested.

  (2)   If a magistrate is satisfied that the person:

  (a)   is the person specified in the warrant; and

  (b)   is also the person specified in the arrest warrant that was issued by the Tribunal;

the magistrate must remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney - General to make a surrender determination and (if appropriate) to enable a magistrate to remand the person under section   20.

  (3)   The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail.

  (4)   If a person is remanded in custody after the person has made an application for bail, the person cannot, during that remand, make another application for bail unless there is evidence of a change of circumstances that might justify bail being granted.