Terms used
125 Terms used
In this Part —
unconditionally, in relation to the release of a person, means released without being required to enter into, or without having entered into, a bail undertaking under the Bail Act 1982.
For the purposes of this Part, a person who is under arrest ceases to be under arrest —
if the person was arrested under an arrest warrant — when the person is delivered into the custody of the relevant court or, in the case of an arrest warrant issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52Q(1)(b), released under section 52ZB of that Act; or
if the person is arrested under section 128 —
when the person is released, whether on bail or unconditionally; or
if the person is not released, when the person is delivered into the custody of a court;
or
if at the time of being arrested the person was at large having escaped from lawful custody — when the person is returned to that lawful custody; or
in any event — if the person escapes from lawful custody.
[Section 125 amended: No. 25 of 2020 s. 109.]
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