Meaning of person in custody
63 Meaning of person in custody
A person in custody is a person who is in lawful custody—
on a charge of an offence or awaiting sentence on conviction for an offence; or
without charge under—
an Act of the State, other than this Act; or
an Act of the Commonwealth; or
serving a sentence of imprisonment, or period of detention under a court order, for an offence and who is not released on parole.
To remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a law of the Commonwealth.
Note—
See the Judiciary Act 1903 (Cwlth), section 68 (Jurisdiction of State and Territory courts in criminal cases).
This Act’s bill:Explanatory memorandumSecond reading speech
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