Australia

International Criminal Court Act (2002), No. 41, 2002

26 Release from remand after certain periods

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

the person was arrested under a warrant issued under subsection 21(2); and

the person is, under this Division, on remand 60 days after the day on which the person was arrested; and a notice has not been given under subsection 20(1) 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:

order the release of the person from custody; or

order the discharge of the recognisances on which bail was granted to the person;
as the case requires.

(3) If 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 but the notice is not given within the period:
the person must be brought before a magistrate; and

the magistrate must:

order the release of the person from custody; or

order the discharge of the recognisances on which bail was granted to the person;

as the case requires.

Keywords

Release prior to surrender
Provisional arrest - release - ICC proceedings
Provisional arrest - release - national proceedings



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