Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 302

Orders that Magistrates' Court may make in respect of interstate security patients

    (1)     If a person arrested under a warrant issued under section 301 is brought before the Magistrates' Court, the court must make—

        (a)     an order granting the person bail; or

        (b)     an order remanding the person in custody in a prison or other place of confinement

unless the court is satisfied that the matters specified in section 301(1)(a) to (d) are not made out.

    (2)     If the court is satisfied that any one of the matters specified in section 301(1)(a) to (c) is not made out, the court must discharge the person.

    (3)     If the court is satisfied that the matters specified in section 301(1)(a) to (c) 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.



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