ACTIn ForceAct
Crimes Act 1900
305Limitation on orders and detention—Magistrates Court
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305 Limitation on orders and detention—Magistrates Court
(1) If under section 335, the Magistrates Court makes an order that the
accused be detained in custody for immediate review by the ACAT,
the Magistrates Court must indicate whether, if the hearing had been
a normal criminal hearing 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 Magistrates Court indicates that it would
of the sentence it would have considered appropriate if the hearing
had been a normal criminal hearing against a person who was fit to
be tried for that offence and the person had been found guilty of that
(3) In nominating a term in relation to an offence, the Magistrates Court
Magistrates Court nominates the term unless the court—