(b) directs and authorises the Secretary to S. 81(b) the Department of Justice or the Chief amended by Nos 33/1994 Commissioner of Police or the Secretary to s. 10(1)(b), the Department of Human Services (as the 45/1996 s. 18(Sch. 2 case requires) or any other person into item 9.2), whose custody the person named in the 46/1998 s. 7(Sch. 1). warrant is transferred to receive that person into custody and safely keep that person— (i) for the period specified, or in the circumstances described, in the warrant; or (ii) until that person is otherwise removed or discharged from custody by due course by law. 82 Remand of more than 8 clear days (1) The Court must not remand an accused in custody S. 82(1) amended by for a period of more than 8 clear days unless both No. 68/2009 the accused and the informant consent. s. 97(Sch. item 82.39). (2) If an accused— S. 82(2) amended by Nos 33/1994 (a) has been granted bail; and s. 10(2), 45/1996 (b) has consented to an adjournment of the s. 18(Sch. 2 proceeding for a period of more than 8 clear item 9.3), 4/1997 s. 8(1), days; and 46/1998 s. 7(Sch. 1), (c) has not yet been released on bail— 68/2009 s. 97(Sch. the remand warrant must direct the Secretary item 82.40), 69/2009 to the Department of Justice or the Chief s. 54(Sch. Pt 2 Commissioner of Police or the Secretary to the item 32), 38/2016 Department of Human Services (as the case s. 10(1). requires) or any other person into whose custody the accused is transferred to bring the accused at the end of 8 clear days (unless in the meantime he or she is released on bail) before the Court.
S. 81(b) amended by Nos 33/1994 s. 10(1)(b), 45/1996 s. 18(Sch. 2 item 9.2), 46/1998 s. 7(Sch. 1). (b) directs and authorises the Secretary to the Department of Justice or the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case requires) or any other person into whose custody the person named in the warrant is transferred to receive that person into custody and safely keep that person— (i) for the period specified, or in the circumstances described, in the warrant; or (ii) until that person is otherwise removed or discharged from custody by due course by law. 82 Remand of more than 8 clear days S. 82(1) amended by No. 68/2009 s. 97(Sch. item 82.39). (1) The Court must not remand an accused in custody for a period of more than 8 clear days unless both the accused and the informant consent. S. 82(2) amended by Nos 33/1994 s. 10(2), 45/1996 s. 18(Sch. 2 item 9.3), 4/1997 s. 8(1), 46/1998 s. 7(Sch. 1), 68/2009 s. 97(Sch. item 82.40), 69/2009 s. 54(Sch. Pt 2 item 32), 38/2016 s. 10(1). (2) If an accused— (a) has been granted bail; and (b) has consented to an adjournment of the proceeding for a period of more than 8 clear days; and (c) has not yet been released on bail— the remand warrant must direct the Secretary to the Department of Justice or the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case requires) or any other person into whose custody the accused is transferred to bring the accused at the end of 8 clear days (unless in the meantime he or she is released on bail) before the Court.
89-51a211.docx