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Magistrates Court Act 1930
43Procedure on filing indictment
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43 Procedure on filing indictment
(1) If an indictment in relation to an offence committed in the ACT has
been filed in the Supreme Court by the Attorney-General, Attorney-
General of the Commonwealth or other officer, authority or person
duly appointed in that behalf against any person then at large, whether
on bail or not, the registrar of the Supreme Court must at any time
after the end of the then sittings of the court if the person so indicted
has not already appeared and pleaded to the indictment, on
application by or on behalf of the prosecutor, grant to the prosecutor
or person applying on the prosecutor’s behalf a certificate that the
indictment has been filed.
(2) On production of the certificate to a magistrate, the magistrate must—
(a) if the person indicted is, at the time of both the application for
and the production of the certificate, detained at a correctional
centre (including a NSW correctional centre) for any other
offence—on proof on oath that the person is the person charged
in the indictment, issue a warrant directing the person in charge
of the correctional centre to detain the person until, by a habeas
corpus order or another order, the person is removed from
custody for the purpose of being tried on the indictment, or until
the person is otherwise removed or discharged out of custody by
due course of law; and
(b) in any other case—issue a warrant to apprehend the person so
indicted and to cause the person to be brought before the court
to be dealt with according to law and the court when any person
apprehended under any such warrant is brought before it must
on proof on oath that the person is the person charged and named
in the indictment, and without further inquiry commit the person
for trial or admit the person to bail in accordance with the Bail
Act 1992.