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Cap. 276 · Extradition Act (Cap. 276)

Cap. 276 Art. 26EDealing with person arrested under provisional warrant.

PART VI

In KraftAmtlicher Text

(1) The provisions of article 15(1), other than the reference therein to article 14(3), shall apply to a mutatis mutandis person arrested under a provisional warrant under this Part.

(2) If an arrest warrant issued under article 26C is produced to the court in respect of the person brought before it, the court shall proceed as if he had been arrested under that warrant. If no such warrant is produced the court shall remand him pending the production of such a warrant.

(3) The Minister may make regulations specifying -

(a) the period for which a person may be so remanded at any time, and

(b) the total period for which a person may be so remanded, having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of Article 92.3 of the ICC Treaty.

(4) If at any time when the person is remanded as aforesaid there is produced to the court a warrant issued under article 26C in respect of him -

(a) the court shall terminate the period of remand, and

(b) he shall be treated as if arrested under that warrant -

(i) if he was remanded in custody, at the time the warrant was produced to the court;

(ii) if he was remanded on bail, when he surrenders to his bail.

(5) If no such warrant is produced to the court before the end of the period of remand (including any extension of that period), the court shall discharge him.

(6) The fact that a person has been discharged under this article does not prevent his subsequent arrest under a warrant issued under article 26C.