(1) Subject to subsection (2) but notwithstanding any other Act, a fugitive who is apprehended on a warrant issued under section 9 shall be detained in custody pending the determination of his or her case under section 12.
(2) The fugitive need not be detained in custody if he or she establishes to the satisfaction of a magistrate that, having regard (in addition to any other relevant factors) to the length of time the fugitive has resided in Saint Lucia—
(a) his or her detention is not necessary to ensure his or her personal attendance whenever it is required for the purposes of this Act; and
(b) his or her detention is not necessary in the public interest or for the protection or safety of the public having regard to all the circumstances, including any substantial likelihood that he or she might, if released from custody, commit a criminal offence or an interference with the administration of justice.