Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the suspect is in the custody of another constable or is otherwise detained under a law of the Commonwealth, a State or a Territory ( original custody ), the magistrate may, on the application of a constable, issue a warrant directing the person holding the suspect in original custody to deliver the suspect into the custody of the constable ( temporary custody ) for the hearing of an application for an order under this Division.
(2) The constable given temporary custody must return the suspect to the place of original custody:
(a) if the application for the order is refused--without delay; or
(b) if the order is made--without delay at the end of the period for which the suspect may be detained in custody under section 23XGD.