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you are here: > Judicial Code
> Article 74
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III. Judicial Standards and Criminal Matters
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| 13. General Principles of Criminal Arraignment | ||
| Article 74-Bail Hearing | ||
| 74.1 | Bail hearing | |
| A bail hearing is a formal hearing before a magistrate or a judge at which the preliminary indictment ("criminal complaint") is read without the defendant requiring to give a plea, but at which time the defendant is formally refused bail or offered bail under conditions. | ||
| 74.2 | Maximum period of detention under indictment before bail hearing | |
| The maximum period a man or woman 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. |
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| 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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