38Review by Supreme Court

#### 38 Review by Supreme Court 38 Review by Supreme Court > > (1) A witness who has not been released by the Commissioner under section 36 (5) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions. > > > (2) The Supreme Court may affirm or set aside a decision by the Commissioner not to release the witness or any condition imposed by the Commissioner on the release of the witness. > > > (3) The Supreme Court may also or instead make any order that the Commissioner may make in relation to the detention or release of the witness. The Court may do so also where the Commissioner has not made any decision within a reasonable time on the release of the witness. > > > (4) An order of the Supreme Court under this section is taken to be an order of the Commissioner.