The judge before whom a person is brought following arrest under section 74A must decide, on the basis of any evidence or information produced to the judge, whether a warrant would be issued under section 73 if the person were not already under arrest.
If the judge decides the question in subsection (1) in the negative, the judge must order the person's discharge.
If the judge decides that question in the affirmative, the judge must proceed under section 74E.
The judge may adjourn the proceedings to allow more evidence or information to be produced if—
If the judge grants an adjournment under subsection (4), the judge must remand the person in custody or on bail.
If the person is remanded in custody, the judge may later grant bail.
More than one adjournment may be granted under subsection (4) but the total period of any adjournments must not exceed 72 hours.
In calculating that 72-hour period, no account is to be taken of any day falling within section 6(8A)(a) to (d) (weekends, bank holidays etc).
If the judge has granted an adjournment or further adjournment, the question in subsection (1) must be decided by the appropriate judge on the next occasion when the person is brought or appears before the appropriate judge (unless a further adjournment is granted on that occasion).
If the person applies to the judge to be discharged—