Section 293-299 Administration of Criminal Justice Act 2015 NG

Section 293-299 of the Administration of Criminal Justice Act 2015

Section 293, 294, 295, 296, 297, 298, and 299 of the Administration of Criminal Justice Act 2015 is under PART 30 (DETENTION TIME LIMITS) of the Act.

Section 293 Administration of Criminal Justice Act 2015

Applications for remand or other interlocutory proceedings

(1) A suspect arrested for an offence which a court has no jurisdiction to try shall, within a reasonable time of arrest, be brought before a magistrate Court for remand.

(2) An application for remand under this section shall be made ex parte and shall:
(a) be made in the prescribed “Report and Request for Remand Form” as contained in Form 8, in the First Schedule to this Act; and

(b) be verified on oath and contain reasons for the remand request.

Section 294 Administration of Criminal Justice Act 2015

A court may remand in prison custody

(1) Where the Court, after examining the reason for the arrest and for the request for remand in accordance with the provisions of Section 293 of this Act, is satisfied that there is probable cause to remand the suspect pending the receipt of a copy of the legal advice from the Attorney-General of the Federation and arraignment of the suspect before the appropriate court, as the case may be, may remand the suspect in custody.
(2) In considering whether “probable cause” has been established for the remand of a suspect pursuant to subsection (1) of this section, the court may take into consideration the following:
(a) the nature and seriousness of the alleged offence;

See also  Section 415 Administration of Criminal Justice Act 2015 NG

(b) reasonable grounds to suspect that the suspect has been involved in the commission of the alleged offence;

(c) reasonable grounds for believing that the suspect may abscond or commit further offence where he is not committed to custody; and

(d) any other circumstances of the case that justifies the request for remand.

Section 295 Administration of Criminal Justice Act 2015

Court may grant bail in remand proceedings

The court may, in considering an application for remand brought under section 293 of this Act, grant bail to the suspect brought before it, taking into consideration the provisions of sections 158 to 188 of this Act relating to bail.

Section 296 Administration of Criminal Justice Act 2015

Time and protocol for remand orders

(1) Where an order of remand of the suspect is made pursuant to section 293 of this Act, the order shall be for a period not exceeding 14 days in the first instance, and the case shall be returnable within the same period.

(2) Where, on application in writing, good cause is shown why there should be an extension of the remand period, the court may make an order for further remand of the suspect for a period not exceeding 14 days and make the proceedings returnable within the same period.

(3) Where the suspect is still in custody on remand at the expiration of the period provided for under subsection (1) or (2) of this Section, the court may on application of the suspect grant bail in accordance with the provisions of Sections 158 to 188 of this Act.

See also  Section 136-139 Administration of Criminal Justice Act 2015 NG

(4) At the expiration of the remand order made pursuant to subsection (1) or (2) of this section, and where the suspect is still remanded with his trial having not commenced, or charge having not been filed at the relevant court having jurisdiction, the court shall issue a hearing notice on:
(a) the Inspector General of Police and the Attorney-General of the Federation; or

(b) the Commissioner of Police of the state or of the Federal Capital Territory or the Attorney-General of the Federation, as the case may be,

(c) any relevant authority in whose custody the suspect is or at whose instance the suspect is remanded, and adjourn the matter within a period not exceeding four-teen days of the expiration of the period of remand order made under subsection (1) or

(2) of this section, to inquire as to the position of the case and for the Inspector General of Police or the Commissioner of Police and the Attorney-General of the Federation to show cause why the suspect remanded should not be unconditionally released.

(5) Where the Inspector General of Police or the Commissioner of Police and the Attorney-General of the Federation show good cause pursuant to subsection (4) of this Section and make a request to that effect, the court:
(a) may extend the remand of the suspect for a final period not exceeding 14 days for the suspect to be arraigned for trial before an appropriate court or tribunal; and

(b) shall make the case returnable within the said period of 14 days from the date the hearing notice was issued pursuant to subsection (4) of this section.

(6) Where good cause is not shown for the continued remand of the suspect pursuant to subsection (4) of this Section, or where the suspect is still on remand custody after the expiration of the extended period under subsection (5), the court shall, with or without an application to that effect, forthwith discharge the suspect and the suspect shall be immediately released from custody.

See also  Section 278-292 Administration of Criminal Justice Act 2015 NG

(7) No further application for remand shall be entertained after the proceeding in subsection (6) of this section.

Section 297 Administration of Criminal Justice Act 2015

When court may exercise power of remand

(1) The powers conferred on the court under this Part may be exercised by the court:
(a) whether the suspect remanded is present in court or not; and

(b) on its own motion or on application, including an application by a person in charge of the prison or other place of custody where the suspect remanded is detained.

(2) The legal advice of the Attorney-General of the Federation shall in all cases be copied to the court, and the court may act only on the copy of the advice to make any order that may be necessary in the circumstances.

(3) Where the legal advice of the Attorney-General of the Federation indicates that the suspect remanded has no case to answer, the court shall release the suspect immediately.

Section 298 Administration of Criminal Justice Act 2015

Court may bring up person remanded or make any order during remand

(1) During remand, the court may nevertheless order the suspect remanded to be brought before it.

(2) The court may order that the suspect remanded be transferred to a hospital, asylum or any suitable place for the purpose of giving him medical treatment, or may make any order that it considers necessary to make at any time during the remand period.

Section 299 Administration of Criminal Justice Act 2015

Place of remand

A suspect committed to prison under this Act shall be remanded in prison or other place of safe custody.

Published by

LawGlobal Hub

LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world! Publish your legal articles with us today.

Leave a Reply

Your email address will not be published.