Section 23WV — Crimes Act 1914: Securing the presence of suspect at hearing—suspect in custody

(1) If the suspect is in the custody of another constable or is otherwise detained under a law of the Commonwealth, a State or a Territory (original custody), the magistrate may, on the application of a constable, issue a warrant directing the person holding the suspect in original custody to deliver the suspect into the custody of the constable (temporary custody) for the hearing of an application for an order under this Division. (2) The constable given temporary custody must return the suspect to the place of original custody: (a) if the application for the order is refused—without delay; or (b) if the order is made—without delay at the end of the period for which the suspect may be detained in custody under section 23XGD.