Meaning of detention
23C Meaning of detention
For the purposes of this Part, a reference to the detention of a person will be taken to be a reference to—
any direct or indirect curtailment of the person's ability to leave particular premises or a particular part of particular premises (whether by physical means, by force of policy or rules, by the withholding of information (such as an access code), by an omission or otherwise); or
a requirement that the person be and remain in particular premises or a particular part of particular premises (whether on a residential basis or otherwise); or
the refusal or limitation of access to means of leaving particular premises or a particular part of particular premises (being means (such as a wheelchair) that the person is otherwise lawfully entitled to access and without which it is not reasonably possible for the person to leave the premises or part of premises); or
any other act or omission of a kind declared by the regulations to be included in the ambit of this paragraph, but does not include an act or omission of a kind declared by the regulations not to constitute the detention of a person.
For the purposes of this section, the fact that a person may leave premises or a part of particular premises, or access means of leaving premises or a part of premises, with the permission of a specified person does not, of itself, mean that the person is not detained.
However, the detention of a person pursuant to another Act or law will be taken not to constitute detention for the purposes of this Part.
This provision refers to the regulations (declared by the regulations
). Made under this Act:
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