308Criteria for detention

308 Criteria for detention For this part, other than division 13.5 (except section 335), in making a decision which could include an order for detention, the Supreme Court or Magistrates Court shall consider the following criteria: (a) the nature and extent of the accused’s mental impairment, including the effect it is likely to have on the person’s behaviour in the future; (b) whether or not, if released— (i) the accused’s health and safety is likely to be substantially impaired; or (ii) the accused is likely to be a danger to the community; (c) the nature and circumstances of the offence with which the accused is charged; (d) the principle that a person should not be detained in a correctional centre unless no other reasonable option is available; (e) any recommendation made by the ACAT about how the accused should be dealt with.