(1) Remand in custody shall be an exceptional measure which shall not be ordered except in
the case of a misdemeanour or a felony. It shall be necessary for the preservation of evidence,
the maintenance of public order, protection of life and property, or to ensure the appearance of
an accused before the Examining Magistrate or the court.
Provided that a person with a known place of abode shall not be remanded in custody except
in the case of a felony.
(2) The Examining Magistrate may at any time after charging the defendant but before the
committal order, issue a remand warrant against him; provided that the offence is punishable
with loss of liberty. He shall then make a reasoned ruling committing the defendant in custody;
the ruling shall be notified to be the State Counsel and to the defendant.
Official text
Spot-checked
In force from 27 July 2005
Source page 53