Crimes Act 1900
304Limitation on orders and detention—dismissal of charge
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304 Limitation on orders and detention—dismissal of charge (1) If under section 328 or 329, the Magistrates Court makes an order that the accused be detained in custody for immediate review by the ACAT, the court must indicate whether, if the charges against the accused had not been dismissed and the accused were a person who had been found guilty of the offence, it would have imposed a sentence of imprisonment. (2) If, under subsection (1), the Magistrates Court indicates that it would 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 Magistrates Court Magistrates Court nominates the term unless the court—