Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p6
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 12360–14991

a court having jurisdiction under this Part;

but nothing in this subsection authorises the keeping of the alleged offender in custody after the end of the relevant period.

"(4) Where:

(a) the alleged offender is brought before a court under subsection (3); and

    (b) there is an application before that court for the alleged offender to be dealt with under section 112ad for the contravention referred to in paragraph (1) (a);

the court shall, without delay, proceed to hear and determine the application.

"(5) Where:

(a) the alleged offender is brought before a court under subsection (3);

    (b) there is no application before that court for the alleged offender to be dealt with under section 112ad for the contravention referred to in paragraph (1) (a); and

    (c) the court is aware that there is an application before another court for the alleged offender to be dealt with under section 112ad for that contravention;

the court shall, without delay:

    (d) order that the alleged offender is to be released from custody on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the other court on a date, at a time and at a place specified by the court; or

    (e) order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court as soon as practicable, and in any event not more than 72 hours, after the making of the order.

"(6) Where:

    (a) the alleged offender is brought before a court under subsection (3);

    (b) there is no application before that court for the alleged offender to be dealt with under section 112AD for the contravention referred to in paragraph (1) (a); and

    (c) so far as the court is aware, there is no application before any other court for the alleged offender to be dealt with under section 112AD for that contravention;

the court shall, without delay, order the release of the alleged offender.

"(7) If a court makes an order under paragraph (5) (e) for the alleged offender to be brought before another court, the following provisions have effect:

    (a) subject to paragraph (c), the alleged offender may be kept in custody until he or she is brought before the other court;

    (b) if the alleged offender is brought before the other court as required by the order, the other court shall, without delay, proceed to hear and determine the application referred to in paragraph (5) (c);

    (c) if the alleged offender is