Crimes Act 1900
302Limitation on orders and detention—acquittals
Start here
Get a plain-English read of 302
Turn the raw legal text into a practical explanation grounded in Crimes Act 1900.
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—