Detention pursuant to remand orders of a court that has validly commenced proceedings on informations alleging offences within its territorial jurisdiction is not 'unlawful' under s 18(7) of the Human Rights Act 2004 (ACT), even where the offences are later found to have occurred outside that jurisdiction. A breach of s 18(1) (arbitrary detention) or s 18(2) (failure to comply with procedures established by law) does not, of itself, found a claim under s 18(7). The question whether s 18(7) creates a freestanding cause of action independent of the tort of false imprisonment remains unresolved.
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