Criminal Code (Cap. 9), article 574A

574A. (1) When the person charged or accused who is in custody is first brought before the Court of Magistrates, wheth er as a court of criminal judicature or as a court of criminal inquir y, the Court shall have the charges read out to the person charged or accused and, after examining the person charged as provided in article 392 as the proceedings may require, shall summarily hea r the prosecuting or arraigning officer and any evidence produced by that officer on the reasons suppo rting the charges and on the reasons and circumstances, if any, militating against the relea se of the person charged or accused. (2) After hearing the prosecuting or arraigning police officer and any evidence produced as provided in sub-article (1) the co urt shall inform the person charged or accused that he may be temporarily released from custody on bail by the court under conditions to be determined by it and shall ask him what he has to say with respect to his arrest and his continued detention and with respect to the reasons and the ci rcumstances militating in favo ur of his release. (3) Where any of the offences charged consists in any of the offences mentioned in article 575(2) the court shall, after hea ring the person charged or accused as provided in sub-article (2) of this article, ask the prosecuting or arraigning officer whether he h as any submissions to make on the question of temporary release from custody on bail of the person ch arged or accused and the latter shall be allowed to respond. (4) Where none of the offences charged consists in any of the offences mentioned in article 575(2) the court shall, after hea ring the person charged or accused as provided in sub-article (2) of this article, ask the pro secuting or arraigning officer whether he a nd the Attorney General and if applicable, the injured party have any submissions, in writing or otherwise, to make on the question o f the temporary release from custody of the person charged or accused and the latter shall b e allowed to respond. (5) At the end of submissions as provided in the preceding sub- articles of this article the court shall review the circumstanc es militating for or against detention. (6) If the court finds that the continued detention of the perso n charged or accused is not founded on any provision of this Code or of any other law which authoris es the arrest and detention of t he person in custody it shall unconditionally release that person from custody. (7) If the court does not find cause to release unconditionally the person charged or accused under the provisions of sub-artic le (6) it may nevertheless, saving the provisions of article 575(1 ) and unless release is prohibited by any provision of law, release t hat person from custody on bail subject to such conditions as it ma y deem appropriate. (8) If the court does not find cause to release unconditionally the person charged or accused and refuses to grant that person bail the court shall remand that person into custody and the provisi ons of article 575(11) shall apply. 368 CAP . 9.] CRIMINAL CODE (9) Where the court orders the release from custody of the person charged or accused, whether unconditionally or on bail subject to conditions, under any of the provisions of this arti cle the decision of the court to that effect shall be served on the Att orney General by not later than the next working day and the Attorney General may apply to the Crimina l Court to obtain the re-arrest and continued detention of the person so released or to amend the conditions, including the amount of bail, that may have been determined by the Court of Magistrates. Crimes in respect of which bail is not granted. Amended by: IV .1897.1; I.1903.32; XVI.1921.9; VI.1947.15; L.N. 46 of 1965; XXI.1971.32; LVIII.1974.68; XLIX.1981.4; XXIX.1989.2; VIII.1990.3; III.2002.140; XII.2022.2.