Crimes Act 1914

Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  

SECTION 45A  

45A   CRIMINAL DETENTION DEFINITIONS  

In this Act:

criminal detention
: a person is in criminal detention if the person:

(a) is arrested in respect of an offence; or

(b) is in custody in respect of an offence; or

(c) is detained because:

(i) the person is unfit to be tried in respect of an offence; or

(iii) the person has been acquitted of an offence because of mental illness at the time of the offence; or

(iii) the person has been convicted of an offence and a court has ordered that the person be detained for the purposes of receiving treatment for a mental illness that contributed to the commission of the offence.

Example:

Paragraph (c) includes detention under:

(a) Division 6 of Part IB (unfitness to be tried); or

(b) Division 7 of Part IB or section 20BS (mental illness).

federal criminal detention
means a criminal detention in respect of an offence against a law of:

(a) the Commonwealth; or

(b) a Territory (other than the Australian Capital Territory).