17. (1) A person who is arrested under section 13 or 16 is to be brought before a judge or a justice within twenty-four hours after the person is arrested, but if no judge or no justice is available during this time, the person shall be brought before a judge or a justice as soon as possible.
Marginal note:Appearance before justice
(2) The justice before whom a person is brought under subsection (1) shall order that the person be detained in custody and brought before a judge.
Marginal note:Decision of judge
18. (1) The judge before whom a person is brought following arrest under section 13 or 16 shall
(a) if the person has been arrested on the request of the International Criminal Court, order the detention in custody of the person unless
(i) the person shows cause, in accordance with subsection 522(2) of the Criminal Code, that their detention in custody is not justified, and
(ii) the judge is satisfied that, given the gravity of the alleged offence, there are urgent and exceptional circumstances that justify release — with or without conditions — and that the person will appear as required; or
(b) in any other case, order the release, with or without conditions, or detention in custody of the person.
Marginal note:Mandatory adjournment
(1.1) An application for judicial interim release in respect of a person referred to in paragraph (1)(a) shall, at the request of the Attorney General, be adjourned to await receipt of the recommendations of the Pre-Trial Chamber of the International Criminal Court. If the recommendations are not received within six days, the judge may proceed to hear the application.
Marginal note:Recommendations of Pre-Trial Chamber
(1.2) If the Pre-Trial Chamber of the International Criminal Court submits recommendations, the judge shall consider them before rendering a decision.
Marginal note:Review by court of appeal
(2) A decision respecting judicial interim release may be reviewed by a judge of the court of appeal and that judge may
(a) confirm the decision;
(b) vary the decision; or
(c) substitute any other decision that, in the judge’s opinion, should have been made.
- 1999, c. 18, s. 18;
- 2000, c. 24, s. 50.
Marginal note:Criminal Code
19. Part XVI of the Criminal Code applies, with any modifications that the circumstances require, in respect of a person arrested under section 13 or 16 or to whom a summons has been issued under section 16.
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