26Release from remand after certain periods

26 Release from remand after certain periods

(1) A person must be brought before a magistrate if: (a) the person was arrested under a warrant issued under subsection 21(2); and (b) the person is, under this Division, on remand 60 days after the day on which the person was arrested; and (c) a notice has not been given under subsection 20(1) in relation to the person. (2) Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must: (a) order the release of the person from custody; or (b) order the discharge of the recognisances on which bail was granted to the person; as the case requires. (3) If a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period but the notice is not given within the period: (a) the person must be brought before a magistrate; and (b) the magistrate must: (i) order the release of the person from custody; or (ii) order the discharge of the recognisances on which bail was granted to the person; as the case requires.