When may a court ask the district court judge at the accused's current location to detain the accused, and when may that judge pass the request on to another judge?
General information · Not legal advice
Material to check
In a practice file we read the request for detention sent by the court, the papers showing where the accused was then staying, and any paper recording that the entrusted judge sent the request on to the judge of another district court at the accused's current location, since each step turns on where the accused is at that time, which these papers show.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the chain of actors as the provision sets it out: the court may request the district court judge at the accused's current location to commit the accused to detention, and that entrusted judge, in turn, may re-transfer the request to the district court judge at the accused's current location where the accused is not present within his jurisdiction area.
Another reading stresses that the provision fixes the place by the accused's current location at each stage but names no moment at which that location is measured, so it leaves open which location governs where the accused moves between the original request and the re-transfer.
Your judgment
If two district courts each say the accused was within its jurisdiction area, what in the papers shows where the accused stood when the request was made and when the re-transfer followed?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to fix the moment at which the accused's current location is determined, or if a court decision settles how that location is proved on a request for detention.