Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p19
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 42755–45357

(2) Application under this section may be made:
 (a) in writing; or
 (b) orally, if it is impracticable to apply in writing.

 (3) In the case of an oral application, the Magistrate must write down the statements of fact and other matters made by the leader in the application.

 (4) The Magistrate may grant the warrant of detention.

 (5) A warrant of detention:
 (a) unless sooner revoked, authorises detention of the person named or otherwise described in the warrant until:
 (i) bail is granted to the person; or
 (ii) the charge against the person is dismissed; or
 (iii) the person is convicted of an offence;
  whichever happens first; and
 (b) may specify conditions or restrictions to which detention of the person is subject.

 (6) If:
 (a) a Magistrate declines to grant a warrant of detention; or
 (b) the warrant of detention in respect of a charged person is revoked;
the Magistrate must issue a summons to the charged person in accordance with Form 3.

 (7) As soon as practicable after the issue or grant of a warrant of detention, the Magistrate:
 (a) if practicable, must inform the leader orally of its terms and the time at, and the date on, which it was issued or granted; and
 (b) give the warrant, or a copy of the warrant, to the leader.

 (8) A leader must ensure that a person in the custody of the leader is not subjected to:
 (a) more force, or greater indignity, than is reasonably necessary to prevent the escape of the charged person from detention; or
 (b) cruel, inhuman or degrading treatment.

 (9) The Magistrate must file any written application, or writing referred to in subsection (3), and the warrant, or a copy of any application or writing or of the warrant, in the Magistrates Court.

 (10) A warrant of detention must be in accordance with Form 5.

31 Detainees

 (1) A detainee must be brought before a court as soon as practicable.

 (2) As soon as practicable after the end of each period of 28 days during which a detainee is in the custody of a leader, the leader must report to a Magistrate the fact that the detainee remains in custody.

Part 7 Evidence

32 Interpretation

 (1) In this Part:
tape recording means audio recording or video recording.

 (2) In this Part, a reference to questioning a person is a reference to questioning the person, or carrying out an investigation in which the person participates, to investigate his or her involvement (if any) in an offence.

33 Right to remain silent etc. not affected

  Nothing in this Ordinance affects:
 (a) the right of a person in custody to refuse to answer questions or to participate