CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  

SECTION 45A   45A   CRIMINAL DETENTION DEFINITIONS  


In this Act:

criminal detention
: a person is in criminal detention if the person:


(a) is arrested in respect of an offence; or


(b) is in custody in respect of an offence; or


(c) is detained because:


(i) the person is unfit to be tried in respect of an offence; or

(iii) the person has been acquitted of an offence because of mental illness at the time of the offence; or

(iii) the person has been convicted of an offence and a court has ordered that the person be detained for the purposes of receiving treatment for a mental illness that contributed to the commission of the offence.
Example:

Paragraph (c) includes detention under:

  • (a) Division 6 of Part IB (unfitness to be tried); or
  • (b) Division 7 of Part IB or section 20BS (mental illness).
  • federal criminal detention
    means a criminal detention in respect of an offence against a law of:


    (a) the Commonwealth; or


    (b) a Territory (other than the Australian Capital Territory).




    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.