TASIn ForceAct
Justices Act 1959
106FPowers of justices to remand in custody, admit to bail, &c.
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### 106F Powers of justices to remand in custody, admit to bail, &c.
> *\[Section 106F Substituted by No. 8 of 1988, s. 5 \]*
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> > (1) If for any reason the proceedings in respect of an application under this Part are adjourned, justices may –
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> > > > (a) remand the respondent to the application in custody, with a justice issuing his warrant accordingly;
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> > > > (b) admit the respondent to bail; or
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> > > > (c) order the respondent to appear before justices at the time and place to which the proceedings are adjourned.
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> > (1A) *\[Section 106F Subsection (1A) inserted by No. 66 of 1995, s. 15 \]*In making a determination under [subsection (1)](#GS106F@Gs1@EN) in respect of an application for a restraint order or interim restraint order –
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> > > > (a) the protection and welfare of the person for whose benefit the order is sought is of paramount importance; and
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> > > > (b) the justices must take into account any previous violence by the person against whom the order is sought against any other person whether or not that person was convicted of an offence, or had a prior restraint order made against him or her, in respect of that violence.
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> > (2) Where the respondent to an application under this Part is remanded in custody, the justices who remand that person shall inform him that he shall, and the warrant shall provide that he shall, be kept for a period not exceeding 28 clear days at any one time and then be brought before justices as specified in the warrant.
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> > (3) The period for which a person may be admitted to bail under this section shall not, without his consent, exceed 60 days.
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> > (4) An order under [subsection (1)](#GS106F@Gs1@EN) [(c)](#GS106F@Gs1@Hpc@EN) has the same effect as a summons in similar terms.