Section 6: Person arrested under section 5
31.This section applies when a person has been arrested under the powers conferred in section 5 (subsection (1)).
32.Subsection (2) requires any person provisionally arrested to be brought, within 48 hours of arrest (subsection (3)), before the appropriate judge. Specific documents must also be produced to the judge within this period, being the relevant Part 1 warrant and certificate (as described in section 2) (subsection (4)). If this requirement is not met and the arrested person applies to the judge, the judge must order the person's discharge (subsection (6)).
33.Under subsection (5) the person must be given a copy of the Part 1 warrant as soon as practicable after his arrest. However, if this requirement is not met and the person applies to the judge, the judge may order the person's discharge under subsection (7). A person is considered to be in legal custody until he is brought before the judge or discharged (subsection (6)).