› whether court possesses power to authorise persons other than Correctional Services officers or police officers to enforce custody in premises outside of a prison or approved treatment facility
› whether the court can make a non-custodial order which includes terms that the supervised person shall reside at secure premises and not leave those premises without permission of supervising persons.
Adult Guardianship Act (NT), s 23; Criminal Code (NT), ss 43A, 43I, 43X, 43Z, 43ZA, 43ZC, 43ZF, 43ZG, 43ZH, 43ZJ, 43ZK, s 43ZM, 43ZN, 43ZQ; Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act; Mental Health and Related Services Act (NT); Prisons (Correctional Services) ACT (NT).
Channon v R (1978) 33 FLR 433; [name withheld]; ex parte [name withheld] [1987] HCA 12; (1987) 162 CLR 514; R v RJO [1998] VSC 85; R v Percy [1998] VSC 90; [1998] 104 A Crim R 29; cf R v Draoui [2008] SASC 188; (2008) 101 SASR 267, cited.
Case Details
Citation[2010] NTSC 6
CourtNTSC
JurisdictionNorthern Territory
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