Victorian Current Acts Victorian Current Acts(1) When a person arrested under a warrant issued under section 73J is brought before the Magistrates' Court, the court must make an interim disposition order in respect of him or her in accordance with this section, unless the court is satisfied that the matters specified in paragraphs (a) to (d) of section 73J(1) are not made out.
(2) The interim disposition orders that the court may make in respect of a person are—
(a) that the person be granted bail; or
(b) that the person be detained in an appropriate place determined by the court as if he or she were subject to a custodial supervision order; or
(c) that the person be remanded in custody in a prison.
(3) The court may, from time to time, adjourn a proceeding in which it is considering making an interim disposition order for any reasonable period not exceeding 7 days on each occasion and remand the person on bail or in custody in an appropriate place or a prison during any period of adjournment.
(4) The court must not make an order under subsection (2)(b), or an order under subsection (3) remanding a person in custody in an appropriate place, unless it has received a certificate under section 47 stating that the facilities or services necessary for that order are available.
(5) The court must not make an order under subsection (2)(c), or an order under subsection (3) remanding a person in custody in a prison, unless satisfied that there is no practicable alternative in the circumstances.
(6) If the court is satisfied that any of the matters specified in paragraphs (a) to (c) of section 73J(1) is not made out, the court must discharge the person.
(7) If the court is satisfied that the matters specified in paragraphs (a) to (c) of section 73J(1) are made out, but that the person can be returned to the relevant State, the court must order the person to be released into the custody of a person who is authorised to escort the person to the relevant State.
(8) On the making of an interim disposition order under subsection (2)(b) in respect of a person or an order under subsection (3) remanding a person in custody in an appropriate place—
S. 73K(8)(a) amended by No. 26/2014 s. 452.
(a) if the appropriate place is a designated mental health service—the person is deemed to be a forensic patient;
S. 73K(8)(b) amended by Nos 23/2006 s. 237(5), 19/2019 s. 247.
(b) if the appropriate place is a residential treatment facility—the person is deemed to be a forensic resident.
S. 73L inserted by No. 7/2002 s. 30.