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CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 73L

Review of interim disposition order

S. 73L(1) substituted by No. 29/2010 s. 35(1), amended by No. 15/2015 s. 37(31).

    (1)     Within 7 days after an interim disposition order has been made in respect of a person, the Secretary to the Department of Health and Human Services must apply to the Supreme Court for a review.

    (2)     The purpose of the review is to determine the appropriate disposition for the person.

    (3)     The Supreme Court may undertake the review itself or refer the matter to the County Court.

    (4)     On a review, the court may—

        (a)     make a supervision order in respect of the person as if the person had been declared to be liable to supervision under Part 5; or

        (b)     order the person to be released unconditionally—

unless the court is satisfied that the person can be returned to the relevant State.

    (5)     If the court is satisfied 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.

    (6)     If the court makes a supervision order, the court must set a nominal term for the order in accordance with section 28 as modified by section 73M.

    (7)     If the court makes a custodial supervision order, the court may grant extended leave to the person if the court could have granted them extended leave on an application under section 57.

S. 73L(8) inserted by No. 29/2010 s. 35(2), repealed by No. 15/2015 s. 37(32).

    *     *     *     *     *

S. 73M inserted by No. 7/2002 s. 30.



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