Arizona Revised Statutes (Last Updated: March 31, 2016) |
Title 13. Criminal Code |
Chapter 38. MISCELLANEOUS |
Article 26. Habeas Corpus |
Sec 13-4136. Remand of prisoner
Latest version.
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A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was is legally entitled thereto.
B. Where the party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, he may be committed to the restraint or custody of the person who is by law entitled thereto.