Criminal Procedure Act 1967

Period of remand.

24

F58 [ 24. (1) The Court shall not remand a person, on the occasion of that person s first appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this section otherwise provides.

(2) The Court may remand a person on bail for a period that is longer than eight days if the person and the prosecutor consent.

(3) The Court may remand a person in custody (other than on the occasion of that person s first appearance before the Court charged with a particular offence) for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate.

(4) The Court may remand a person in custody (other than on the occasion of that person s first appearance before the Court charged with a particular offence), for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent.

(5) F59 [ ( a ) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand

(i) by reason of illness or accident, or

(ii) for any other good and sufficient reason,

the Court may, in that person s absence, remand the person for such further period, which may exceed fifteen days, as the Court considers reasonable. ]

( b ) If the Court is satisfied that a person who has been remanded on bail is unable by reason of illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person s absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable.

(6) ( a ) Where a person has been remanded in custody and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court District.

( b ) Where a person has been remanded on bail and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court Area. ]

Annotations:

Amendments:

F58

Substituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 4, commenced as per s. 21.

F59

Substituted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 37(c), S.I. No. 414 of 2010.

Editorial Notes:

E24

Previous affecting provision: subs. (5) substituted (12.07.1986) by Courts (No.2) Act 1986 (26/1986), s. 8(2), commenced on enactment; substituted as per F-note above.