Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSection 428C of the Principal Act is repealed and the following sections are substituted:
“428C. Limitation on orders and detention—non-acquittals
“(1) If, under subsection 428L (2) or 428M (2), the court makes an order that the accused be detained in custody until the tribunal orders otherwise, the court shall indicate whether, if the special hearing had been normal criminal proceedings 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.
“(2) If, under subsection (1), the court indicates that it would have imposed a sentence of imprisonment, it shall nominate a term in respect of that offence, that is the best estimate of the sentence it would have considered appropriate if the special hearing had been normal criminal proceedings against a person who was fit to be tried for that offence and the person had been found guilty of that offence.
“428CA. Limitation on orders and detention—acquittals
“(1) If, under section 428Q or 428R, the court makes an order that the accused be detained in custody until the tribunal orders otherwise, the court shall indicate whether, if the accused had not been acquitted, it would have imposed a sentence of imprisonment.
“(2) If, under subsection (1), the court indicates that it would have imposed a sentence of imprisonment, it shall nominate a term in respect of that offence, that is the best estimate of the sentence it would have considered appropriate if the accused were a person who had been found guilty of that offence.
“428CB. Limitation on Supreme Court orders
The court shall not order that an accused be detained for a period greater than the term nominated by it under section 428C or 428CA, as the case may be.
“428CC. Limitation on orders and detention—dismissal of charge
“(1) If under section 428RD or 428RE, the Magistrates Court makes an order that the accused be detained in custody until the tribunal orders otherwise, the Magistrates Court shall indicate whether, if the charges against the accused had not been dismissed and the accused were a person who had been found guilty of the offence, it would have imposed a sentence of imprisonment.
“(2) If, under subsection (1), the Magistrates Court indicates that it would have imposed a sentence of imprisonment, it shall nominate a term in respect of that offence, that is the best estimate of the sentence it would have considered appropriate if the accused were a person who had been found guilty of that offence.
“428CD. Limitation on orders and detention—Magistrates Court
“(1) If under section 428WA, the Magistrates Court makes an order that the accused be detained in custody until the tribunal orders otherwise, the Magistrates Court shall 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.
“(2) If, under subsection (1), the Magistrates Court indicates that it would have imposed a sentence of imprisonment, it shall nominate a 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.
“428CE. Limitation on Magistrates Court orders
The Magistrates Court shall not order that an accused be detained for a period greater than the term nominated by it under subsection 428CC (2) or 428CD (2).
“428CF. Manner in which relevant court to inform itself
For sections 428C, 428CA, 428CC and 428CD, in determining the sentence it would have imposed, the relevant court may inform itself and consider such evidence and submissions as it would were the court determining the sentence to be imposed in normal criminal proceedings.”.