Criteria 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:
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;
whether or not, if released—
the accused’s health and safety is likely to be substantially impaired; or
the accused is likely to be a danger to the community;
the nature and circumstances of the offence with which the accused is charged;
the principle that a person should not be detained in a correctional centre unless no other reasonable option is available;
any recommendation made by the ACAT about how the accused should be dealt with.
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