Commonwealth Consolidated Acts

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NORFOLK ISLAND ACT 1979 - SECT 60F

Removal of accused to host jurisdiction to stand trial

  (1)   Where the Supreme Court makes an order under paragraph   60C(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 under this section.

  (2)   A warrant directed to all constables may be executed by any constable.

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

  (4)   An accused may, while 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 host jurisdiction relating to holding persons in custody pending the trial of those persons.

  (5)   The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection   ( 1).


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