sec.21Interim order concerning custody generally

### sec.21 Interim order concerning custody generally This section applies if a released prisoner is brought before the court under a warrant issued under section 20 . The court must— order that the released prisoner be detained in custody until the final decision of the court under section 22 ; or release the prisoner under subsection (4) . The released prisoner may, when the issue of his or her custody is raised under subsection (2) , or at any time after the court makes an order under that subsection detaining the prisoner, apply to the court to be released pending the final decision. The court may order the release of the released prisoner only if the prisoner satisfies the court, on the balance of probabilities, that his or her detention in custody pending the final decision is not justified because exceptional circumstances exist. If the court adjourns an application under subsection (3) , the court must order that the released prisoner remain in custody pending the decision on the application. If the court orders the released prisoner’s release, the court must order that the prisoner be released subject to the existing supervision order or existing interim supervision order (each the existing order ) as amended under subsection (7) . For subsection (6) , the court— must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and may amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community. s 21 sub 2007 No. 35 s 5 amd 2005 No. 70 s 79 ; 2010 No. 34 s 18 (sec.21-ssec.1) This section applies if a released prisoner is brought before the court under a warrant issued under section 20 . (sec.21-ssec.2) The court must— order that the released prisoner be detained in custody until the final decision of the court under section 22 ; or release the prisoner under subsection (4) . (sec.21-ssec.3) The released prisoner may, when the issue of his or her custody is raised under subsection (2) , or at any time after the court makes an order under that subsection detaining the prisoner, apply to the court to be released pending the final decision. (sec.21-ssec.4) The court may order the release of the released prisoner only if the prisoner satisfies the court, on the balance of probabilities, that his or her detention in custody pending the final decision is not justified because exceptional circumstances exist. (sec.21-ssec.5) If the court adjourns an application under subsection (3) , the court must order that the released prisoner remain in custody pending the decision on the application. (sec.21-ssec.6) If the court orders the released prisoner’s release, the court must order that the prisoner be released subject to the existing supervision order or existing interim supervision order (each the existing order ) as amended under subsection (7) . (sec.21-ssec.7) For subsection (6) , the court— must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and may amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community. - (a) order that the released prisoner be detained in custody until the final decision of the court under section 22 ; or - (b) release the prisoner under subsection (4) . - (a) must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and - (b) may amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community.