Criminal detention definitions
45A Criminal detention definitions
In this Act:
criminal detention: a person is in criminal detention if the person:
is arrested in respect of an offence; or
is in custody in respect of an offence; or
is detained because:
the person is unfit to be tried in respect of an offence; or
the person has been acquitted of an offence because of mental illness at the time of the offence; or
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.
Paragraph (c) includes detention under:
Division 6 of Part IB (unfitness to be tried); or
Division 7 of Part IB or section 20BS (mental illness).
federal criminal detention means criminal detention in respect of an offence against a law of:
the Commonwealth; or
a Territory (other than the Australian Capital Territory).
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