Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 17

Warrant for remand

    (1)     The remanding authority must issue a warrant for the remand of the remandee in the chief executive's custody.

    (2)     The warrant—

        (a)     must be addressed to the chief executive; and

        (b)     may be signed by a person authorised by the remanding authority.

Note 1     If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).

Note 2     If a form is approved under s 324 for a warrant by a remanding authority that is not a court, the form must be used (see s 324 (2)).

    (3)     The warrant—

        (a)     may state any considerations about the remand to which the chief executive must have regard; and

        (b)     must state when and where the remanding authority orders the return of the remandee to the remanding authority.

Examples of considerations under par (a)

1     the remandee's need for access to legal representatives or other people in relation to the proceeding before the remanding authority

2     the likelihood of the remandee having to be brought before a court or magistrate, or the board, in some other proceeding

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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