Crimes Act 1900
301Limitation on orders and detention—non-acquittals
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301 Limitation on orders and detention—non-acquittals (1) If, under section 318 (2) or 319 (2), the Supreme Court makes an order that the accused be detained in custody for immediate review by the ACAT, the court must indicate whether, if the special hearing had been normal criminal proceedings against a person who was fit to be tried for and convicted of the offence with which the accused is charged, it would have imposed a sentence of imprisonment. (2) If, under subsection (1), the Supreme Court indicates that it would of the sentence it would have considered appropriate if the special hearing had been normal criminal proceedings against a person who was fit to be tried for that offence and the person had been found guilty of that offence. (3) In nominating a term in relation to an offence, the Supreme Court Supreme Court nominates the term unless the court— (a) after taking into account any periods mentioned in subsection (3), nominates an earlier day; or