Crimes Act 1914
View history note
Hide history noteIn 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).
S 45A inserted by No 3 of 2011, s 3 and Sch 2 item 17, effective 3 March 2011.
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