Commonwealth Consolidated Acts

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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.



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