ACTIn ForceAct
Crimes Act 1900
302Limitation on orders and detention—acquittals
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302 Limitation on orders and detention—acquittals
(1) If, under section 323 or 324, 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 accused had not been
acquitted, it would have imposed a sentence of imprisonment.
(2) If, under subsection (1), the Supreme Court indicates that it would
have imposed a sentence of imprisonment, it must nominate a term (a
nominated term) in respect of that offence, that is the best estimate
of the sentence it would have considered appropriate if the accused
were a person who 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—