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(2) Every detainee’s case must be resubmitted to the review tribunal at intervals of thirty
days from the date on which the case was last reviewed, or at shorter intervals if the tribunal so
orders.
(3) The review tribunal must proceed without delay to review all cases submitted to it.
(4) At all hearings by the review tribunal, the detainees whose cases are being reviewed
must be allowed to present their cases in person or, if they wish—
(a) through legal practitioners assigned to them by the State at State expense; or
(b) at their own expense, through legal practitioners of their choice.
(5) The reference in subparagraph (1) to a ten-day period includes a reference to lesser
periods of detention that amount to ten days, in the case of a detainee who is released within ten
days after being initially detained and is then re-detained within ten days after that release.
Recommendations of review tribunal
6. After reviewing a detainee’s case, the review tribunal may make written
recommendations to the authority that ordered the detention as to whether or not the detainee
should continue to be detained, and the authority must act in accordance with the tribunal’s
recommendation.
Released detainees not to be re-detained on same grounds
7. (1) A detainee who has been released from detention as a result of a report of the review
tribunal that there is insufficient cause for the detention must not be detained again on
substantially the same grounds as those on which he or she was originally detained.
(2) For the purposes of this paragraph, a person is deemed to have been detained on the
same grounds as those on which he or she was originally detained unless the review tribunal has
reported that, in its opinion, there appear to be new and reasonable grounds for the detention.
Preservation of detainees’ access to courts
8. This Schedule shall not be construed as limiting a detainee’s right to challenge in a
court the lawfulness of his or her detention, whether or not his or her case is already before the
review tribunal.
THIRD SCHEDULE
(Sections 5.7, 5.17, 5.27, 6.7, 6.8, 6.11, 6.12, 6.13, 8.24, 13.6, 14.9, 17.13 and 18.3)
OATHS AND AFFIRMATIONS
Notes:
1. A person who is required to take any of the following oaths may, if he or she wishes,
make an affirmation instead, using the indicated wording.
2. If a person taking any of the following oaths, or making any of the following
affirmations, varies the wording of the oath or affirmation to a non-material extent, the
variation does not affect the validity or binding nature of the oath or affirmation.
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