Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the board adjourns a hearing for an inquiry in relation to an offender.
(2) The board may order that the offender be remanded in custody during the adjournment.
Note Pt 3.2 (Remand) applies in relation to the order for remand.
(3) However, the board may order the remand of the offender—
(a) for a period not longer than is reasonably necessary, and in any event not longer than 8 days for each adjournment, having regard to—
(i) the purpose of the adjournment; and
(ii) the personal circumstances of the offender; and
(iii) the interests of justice; and
(b) only twice for the same inquiry; and
(c) if the offender has previously been remanded in custody in relation to the same inquiry—only if the hearing was adjourned on the second occasion because of circumstances beyond the board's control.
(4) For subsection (3) (a), the day the board adjourns the hearing, and the day the offender appears before the board at the adjourned hearing, are both counted.
Note For the grant of bail to the offender, see the Bail Act 1992
.
(5) If the offender is not in custody, the board may also issue a warrant for the offender to be arrested and placed in the director-general's custody.
(6) The warrant must—
(a) be in writing signed by the judicial member or the secretary of the board; and
(b) be directed to all police officers or a named police officer; and
(c) order the arrest of the offender.
(7) A police officer who arrests the offender under the warrant must notify the board of the arrest as soon as practicable (but within 12 hours) after the arrest.