17Release from remand

#### 17 Release from remand (1) Where a person is on remand under section 15 and: (a) the Attorney‑General decides not to give a notice under subsection 16(1) in relation to the person; or (b) the Attorney‑General considers for any other reason that the remand should cease; the Attorney‑General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to order: (c) if the person is in custody—the release of the person from custody; or (d) if the person has been granted bail—the discharge of the recognizances on which bail was granted. (2) Where: (a) a person is, under section 15, on remand 45 days (or such greater or lesser number of days as may be applicable, by virtue of subsection 11(2), under the regulations) after the day on which the person was arrested; and (b) either: (i) the Attorney‑General has not received an extradition request from the extradition country concerned in relation to the person; or (ii) the Attorney‑General has received such a request but a notice has not been given under subsection 16(1) in relation to the person within the period of 5 days after the end of the period of days referred to in paragraph (a); the person must be brought before a magistrate or eligible Judge. (2A) The magistrate or Judge must order the release of the person from custody, or the discharge of the recognisances on which bail was granted to the person, unless the magistrate or Judge is satisfied: (a) if subparagraph (2)(b)(i) applies: (i) that the extradition country concerned has not made an extradition request in relation to the person because of exceptional circumstances; and (ii) that the Attorney‑General is likely to receive an extradition request from the extradition country concerned in relation to the person within a particular period that is reasonable in the circumstances; and (iii) that, after receiving the extradition request, the Attorney‑General is likely to make a decision to give, or not to give, a notice under subsection 16(1) in relation to the person within a particular period that is reasonable in the circumstances; or (b) if subparagraph (2)(b)(ii) applies—that the Attorney‑General is likely to make a decision to give, or not to give, a notice under subsection 16(1) within a particular period that is reasonable in the circumstances. (3) Where: (a) a magistrate or eligible Judge was satisfied: (i) under subparagraph (2A)(a)(ii) that an extradition request was likely to be received in relation to a person within a particular period; or (ii) under subparagraph (2A)(a)(iii) or paragraph (2A)(b) that a decision was likely to be made to give, or not to give, a notice under subsection 16(1) in relation to a person within a particular period; and (b) the request is not received, or the decision is not made, within the period; the person shall be brought before a magistrate or eligible Judge who shall order the release of the person from custody, or the discharge of the recognizances on which bail was granted to the person, as the case requires. (4) Subsection (2) does not apply to a person at any time after the person has informed a magistrate or eligible Judge under subsection 15A(3) that the person wishes to waive extradition, unless and until a magistrate or eligible Judge decides not to make an order under paragraph 15A(4)(a) in relation to the person. (5) If: (a) a person informs a magistrate or eligible Judge under subsection 15A(3) that the person wishes to waive extradition; and (b) a magistrate or eligible Judge decides not to make an order under paragraph 15A(4)(a) in relation to the person; then, for the purposes of applying subsection (2) of this section to the person, the period of days referred to in paragraph (2)(a) of this section is to be calculated exclusive of the period: (c) beginning on the day on which the person informs the magistrate or Judge that the person wishes to waive extradition; and (d) ending on the day on which the Attorney‑General receives the magistrate’s or Judge’s advice under subsection 15A(7) that the magistrate or Judge has decided not to make an order under paragraph 15A(4)(a) in relation to the person. (6) A notice given under subsection (1) is not a legislative instrument.