Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23WV

Securing the presence of suspect at hearing--suspect in custody

             (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.



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