Criminal Code (Cap. 9), article 409A

409A. (1) Any person who alleges he is being unlawfully detained under the authority of the Police or of any other publ ic authority not in connection with any offence with which he is charged or accused before a court may at any time apply to the Court of Magistrates, which shall have the same powers which th at court has as a court of criminal inquiry, demanding his release from custody. Any such application shall be appointed for hearing wi th urgency and the application together with the date of the heari ng shall be served on the same day of the application on the appli cant and on the Commissioner of Police or on the public authority un der whose authority the applicant is allegedly being unlawfully detained. The Commissioner of Police or public authority, as th e case may be, may file a reply by not later than the day of the hearing. (2) On the day appointed for the hearing of the application the court shall summarily hear the applicant and the respondents an d any relevant evidence produced by them in support of their submissions and on the reasons and circumstances militating in favour or against the lawfulness o f the continued detention of the applicant. (3) If, having heard the eviden ce produced and the submissions made by the applicant and res pondents, the court finds that the continued detention of the applicant is not founded on any provision of this Code or of any other law which authorises the arrest and detention of the applicant it shall allow the applic ation. Otherwise the court shall refuse the application. (4) Where the court decides to allow the application, access by electronic means to the scanned record of the proceedings, incl uding a scanned copy of the court’s dec ision, shall be transmitted to t he Attorney General by not later tha n the next working day and the Attorney General may, within two (2) working days from receipt of the access by electronic means of the scanned record and if he is o f the opinion that the arrest and continued detention of the person r eleased from custody was founded on any provision of this Code or of an y other law, apply to the Criminal Court to obtain the re-arrest and continued detention of the per son so released from custody. Amended by: VIII.1990.3. GENERAL PROVISIONS APPLICABLE TO THE COURT OF MAGISTRATES WHETHER AS COURT OF CRIMINAL JUDICATURE OR AS COURT OF CRIMINAL INQUIRY Right of complainant or his advocate or legal procurator to be present at the proceedings. Added by: VIII.1909.42. Amended by: VI.1930.2; III.2002.88; XXVIII.2021.10.