# The United Nations (International Tribunal) (Rwanda) Order 1996, Article 12: Remand and bail


(1) Where by virtue of this Order a court has power to remand a person the proceedings shall for the purposes of section 4 of the Bail Act 1976 (general right to bail) be treated as proceedings against a fugitive offender as defined in section 2(2) of that Act; and the court may—
(a) remand him in custody, that is to say, commit him for the period of the remand to prison or to the custody of a constable, or
(b) if it is satisfied that there are no substantial grounds for believing that the person, if released on bail, would fail to surrender to custody, remand him on bail in accordance with the Bail Act 1976, that is to say, direct him to surrender himself into the custody of the officer in charge of a specified police station at the time to be appointed by that officer and notified in writing to the person so remanded,
but nothing in this paragraph shall be taken as authorising the remand on bail of a person who is serving a term of imprisonment or detention to which he has been sentenced by a national court.
(2) Where a person’s release on bail is conditional on his providing one or more surety or sureties and, in accordance with section 8(3) of the Bail Act 1976, the court fixes the amount in which the surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section the court shall in the meantime commit him to the custody of a constable.
(3) The time to be appointed for the purposes of paragraph 1(b) shall not be more than 24 hours before the time at which it appears to the officer in charge of the police station that the period of remand is likely to end.
(4) During the period between the surrender of a person as aforesaid and the end of the period of remand he shall be treated as committed to the custody of the constable; but where it appears to the officer to whom he surrenders that the end of the period of remand will be unexpectedly delayed—
(a) the officer shall grant him bail in accordance with the Bail Act 1976 subject to a duty to surrender himself into the custody of the officer in charge of the police station specified under paragraph (1)(b) at the time to be appointed by that officer and notified in writing to the person on remand, and
(b) the time to be appointed for that purpose shall not be more than 24 hours before the time at which it appears to the officer that the period of remand is likely to end.
(5) If a person fails to surrender as aforesaid, the court by which he was remanded may issue a warrant for his arrest; and on his arrest under the warrant paragraph (4) shall apply as if he had surrendered to the officer in charge of the police station specified under paragraph (1)(b), but that officer shall not grant him bail unless he is satisfied that it is proper to do so.
(6) The foregoing provisions of this article shall not apply to Scotland.

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Source: https://www.legislation.gov.uk/uksi/1996/1296/article/12 (the official version)
Page: https://openlegislation.uk/united-nations-international-tribunal-rwanda-order-1996/article-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.