567Translated sentence for interstate security patient

567 Translated sentence for interstate security patient

(1) Within 7 days after an interstate security patient is granted bail or remanded in custody in a prison under section 566(1), the Health Secretary must apply to the Supreme Court for a translated sentence to be imposed on the interstate security patient.

(2) The Supreme Court may—

(a) deal with the application; or

(b) refer the application to the County Court.

(3) On an application under subsection (1), the court must make an order imposing a translated sentence on the interstate security patient and determine the period of that sentence already served, unless the court is satisfied that the interstate security patient can be returned to the relevant State.

(4) If the court is satisfied that the interstate security patient can be returned to the relevant State, the court must order that the patient be released into the custody of a person who is authorised to escort the interstate security patient to the relevant State.

(5) The translated sentence must be a sentence of the same duration as that imposed on the interstate security patient in the relevant State in respect of the offence that resulted in the interstate security patient becoming an interstate security patient.

(6) In determining the period of the translated sentence already served, the court is to take into account—

(a) the period of the sentence already served in the relevant State; and

(b) the period since the interstate security patient was first arrested in Victoria under a warrant issued under section 565.