Document ID: chunk:federal_register_of_legislation:C2018C00156:section:39
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 39
Character Range: 49175–50146

39  Proceedings before magistrate where warrant not produced
 (1) Where:
 (a) a person is brought or appears before a magistrate under this Act; and
 (b) a warrant of the kind described in paragraph 38(b) for the arrest of the person is not produced to the magistrate;
the magistrate must:
 (c) if satisfied that more time is reasonably required for deciding whether criminal or extradition proceedings should be started against the person—remand the person, either in custody or on bail, for a period not longer than 7 days; or
 (d) if not so satisfied—order that the person be released from custody.
 (2) A person remanded for a period under subsection (1) must be brought before a magistrate at the end of that period.
 (3) If a person remanded on bail under subsection (1) does not appear before a magistrate in accordance with the person's recognizance, a magistrate may issue a warrant for the arrest of the person and for bringing the person before a magistrate.