Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)
Schedule 2 Administration of justice offences
Part 1 Amendment of the Crimes Act 1914
17 Before section 46
Insert:
Division 5 - Escape from criminal detention
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
(ii) 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 criminal detention in respect of an offence against a law of:
(a) the Commonwealth; or
(b) a Territory (other than the Australian Capital Territory).
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