Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 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.

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