Cap. 9 Art. 412BApplication by person in custody pending criminal proceedings alleging unlawful detention.

(1) Any person in custody for an offence for which he is charged or accused before the Court of Magistrates and who, at any stage other than that to which article 574A applies, alleges that his continued detention is not in accordance with the law may at any time apply to the court demanding his release from custody. Any such application shall be appointed for hearing with urgency and together with the date of the hearing shall be served on the same day of the application on the Commissioner of Police or, as the case may be, on the Commissioner of Police and the Attorney General, who may file a reply thereto by not later than the day of the hearing.

(2) The provisions of article 574A(2) and (3) shall mutatis apply to an application under this article. mutandis

(3) Where the application is filed in connection with proceedings pending before the Court of Magistrates as a court of criminal inquiry before a bill of indictment has been filed or if the term referred in sub-article (3A) of article 401 is still running, the application shall be filed in the Criminal Court and the foregoing provisions of this article shall apply thereto. mutatis mutandis

(4) The provisions of article 409A(4) shall apply to a decision of the Court of Magistrates under this article.