Commonwealth Consolidated Acts

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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 14

Release from remand after certain periods

             (1)  A person must be brought before a magistrate if:

                     (a)  the person was arrested under a warrant issued under subsection 10(2); and

                     (b)  the person is, under this Division, on remand 14 days after the day on which the person was arrested; and

                     (c)  a notice has not been given under section 9 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)  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; and

                     (b)  the notice is not given within the period;

the person must be brought before a magistrate.

             (4)  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.



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