Crimes Act 1900

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.

If, under subsection (1), the Magistrates 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 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 offence.

In nominating a term in relation to an offence, the Magistrates Court may, as it considers appropriate, take into account the periods (if any) for which the person has been detained in relation to the offence, before or after the special hearing.

A nominated term in relation to an offence takes effect on the day the Magistrates Court nominates the term unless the court—

after taking into account any periods mentioned in subsection (3), nominates an earlier day; or

orders that the term take effect on a later day so as to be served consecutively with (or partly concurrently and partly consecutively with) another term nominated for the person under this part or a sentence of imprisonment imposed on the person.