MENTAL HEALTH ACT 2016 - SECT 63
Meaning of person in custody
MENTAL HEALTH ACT 2016 - SECT 63
Meaning of person in custody
(1) A
"person in custody" is a person who is in lawful custody— (a) on a charge of
an offence or awaiting sentence on conviction for an offence; or
(b) without
charge under— (i) an Act of the State, other than this Act; or
(ii) an Act
of the Commonwealth; or
(c) serving a sentence of imprisonment, or period of
detention under a court order, for an offence and who is not released on
parole.
(2) To remove any doubt, it is declared that an offence mentioned in
subsection (1) includes an offence against a law of the Commonwealth. Note—
See the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and
Territory courts in criminal cases).
