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s 5

Meaning of detention service

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Part 1Preliminary

5 Meaning of detention service

(1)

Each of the following is a detention service

(a)

the operation, management, direction, control or security of a place of detention;

(b)

the security, management, control, safety, care or wellbeing (including health care and education) of a detainee at a place of detention;

(c)

the transport of a detainee while in the custody of a relevant custodial entity—

(i)

from any place of detention; or

(ii)

to a place of detention other than a watch-house; or

(iii)

to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.

(2)

However, a detention service does not include the transport of a person by an authorised person under the Mental Health Act 2016, section 359 between a place of detention and an authorised mental health service or public sector health service facility for the purposes of that Act.

(3)

In this section—

authorised mental health service see the Mental Health Act 2016, schedule 3.

public sector health service facility see the Mental Health Act 2016, schedule 3.

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