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Serious Offenders Act 2018
138Arrested offender to be brought before court
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138 Arrested offender to be brought before court
(1) An offender arrested under a warrant issued under section 136 must be brought as soon as practicable before the court referred to in section 136(1).
(2) If an arrested offender is brought before the court in accordance with subsection (1) or (3), the court may—
(a) grant the offender bail, with any security that the court thinks fit, on any conditions that the court thinks fit, for the purpose of ensuring the attendance of the offender before the court at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9; or
(b) order the continued detention of the offender in police custody for the purpose of ensuring the attendance of the offender at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9 until the conclusion of the hearing; or
(c) if the court is satisfied that there are reasonable grounds to believe that it is necessary to prevent the offender from escaping from police custody, order the detention of the offender in a prison or a police gaol for the purpose of ensuring the attendance of the offender at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9 until the conclusion of the hearing; or
(d) order the release of the offender.
(3) An offender who is detained under this section must be brought before the court within 14 days, or any other period fixed by the court, after the last appearance of the offender before the court.
(4) If an offender, other than an offender detained in accordance with an order made under subsection (2)(c), is to be detained overnight under this section, the Chief Commissioner of Police must arrange for the offender to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.
(5) If an offender is detained in a prison in accordance with an order made under subsection (2)(c), the court may order that the offender be delivered into the custody of a police officer to bring the offender before the court on the hearing of an application under Part 3, 4, 5, 6, 7, 8 or 9.