Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant's trial, unless the witness enters into the recognisance before a magistrate.
Note The Crimes (Sentence Administration) Act 2005 , pt 3.2 provides for the director-general to have custody of the defendant during the remand.
(2) If the witness is remanded under this section, a magistrate may order the director-general to release the witness from custody in accordance with the order if—
(a) the defendant is not committed for trial for the offence with which the defendant is charged; or
(b) the relevant officer declines to file an information against the defendant for the offence; or
(c) the witness enters into the recognisance before a magistrate.