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10. General principles of securing an accused person
 
  Article 58-General principles of securing an accused person   
58.1 General principles of securing an accused person  
  Under the law, a person accuse of a crime is considered innocent until proven guilty or admit guilt. At the same time, the fair operation of justice and the Courts depends upon the timely presentation of all accuse to their case at the time and date of presentation.  
  Therefore, it remains a balanced priority between the efficient operation of justice and the rights of the accused that a degree of certainty exists in the securing of an accused person for their next appearance in court.  
58.2 Securing an accused person without charge  
  The maximum period a person may be held without charge on accusation of one or more criminal offences is forty-eight (48) hours at which time either a charge is made against the person, or else they must be released from custody. The breach of this rule itself shall be considered a criminal offence under Article 56 (False Imprisonment) of the Criminal Code.
 
58.3 Maximum period of detention under charge  
  The maximum period a person may be held on charge without formal indictment from time of arrest is dependent upon the seriousness of the level of the charge.  
  For level 4 and below offences, the maximum period of custody without indictment is seventy-two hours (72) at which time they must be either formally indicted, or released.  
  For level 5 and above offences, the maximum period of custody without indictment is ninety-six hours (96) at which time they must be either formally indicted, or released.  
  The breach of this rule itself shall be considered a criminal offence under Article 56 (False Imprisonment) of the Criminal Code.  
58.4 Maximum period of detention under indictment before bail hearing  
  The maximum period a person may be held in custody from the day of indictment to the day being brought before a magistrate to hear any bail application is dependent upon the seriousness of the level of the charge.  
  For level 4 and below offences, the maximum period of custody under indictment is two (3) days at which time they must be either formally refused bail, or bail shall be automatically granted and they shall be released.
 
  For level 5 and above offences, the maximum period of custody under indictment is ten (10) days at which time they must be either formally refused bail, or bail shall be automatically granted and they shall be released.  
     
     
     
     
 
 

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