Commonwealth Consolidated Acts

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COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AF

Removal of accused to State to stand trial

  (1)   Where an indictment court makes an order under paragraph   15AC(5)(a) in relation to an accused, the Registrar, a magistrate of the Territory or a person directed by the court under that paragraph, may:

  (a)   by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and

  (b)   by warrant directed to that officer, require that officer to detain the accused in that prison pursuant to this section.

  (2)   A warrant referred to in subsection   ( 1) may be executed by any constable.

  (3)   An accused delivered into custody at a prison in a State under a warrant under subsection   ( 1) may, subject to any order of the indictment court, be detained in that prison or any other prison in that State for so long as the accused's detention is necessary for the execution of the order.

  (4)   An accused may, while so in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection   ( 1) had been issued under a law in force in the relevant State relating to holding persons in custody pending the trial of those persons.

  (5)   The Commonwealth shall pay to the relevant State the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection   ( 1).



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