Prisoners
6 Prisoners
A person is a prisoner if the person:
(a) has been committed or remanded into the custody of the Commissioner by an order that is in force; or
(b) is under a sentence of imprisonment but is not a non‑custodial offender; or
is a detainee under the Serious Sex Offenders Act 2013; or
is an immigration detainee.
Examples for subsection (1)(b)
Examples of persons who are under sentence of imprisonment but are non‑custodial offenders include:
(a) a person who has been released under a parole order; and
(b) a person whose sentence of imprisonment has been suspended.
A person is an immigration detainee if:
the person is:
(i) in immigration detention (as defined in section 5 of the Migration Act 1958 (Cth)); and
(ii) being restrained or held by or on behalf of an officer (as defined in section 5 of that Act) who is a correctional services officer; or
(b) the person would be an immigration detainee under paragraph (a) but for the fact that the person has escaped from detention.
(3) To avoid doubt, a person mentioned in subsection (1)(a), (b) or (c) is a prisoner:
whether or not a warrant of commitment has been issued; and
even if the person is not at a custodial correctional facility.
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