CORRECTIONS ACT 1986 - SECT 6D When is a person in the legal custody of the Chief Commissioner of Police?
CORRECTIONS ACT 1986 - SECT 6D
When is a person in the legal custody of the Chief Commissioner of Police?(1) A person is deemed to enter the legal custody of the Chief Commissioner of Police for the purposes of this Act when—
(a) an order of imprisonment is made in relation to the person, or an order is made by a court requiring the person to be held in police custody, or there is other lawful authority to detain the person in a police gaol; and
(b) either of the following events occurs—
S. 6D(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.2).
(i) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person; or
(ii) a person at a police gaol acting under lawful authority on behalf of the Chief Commissioner receives the person into the police gaol.
S. 6D(1A) inserted by No. 5/2006 s. 14(5).
(1A) Subsection (1) applies each time when—
S. 6D(1A)(a) amended by No. 41/2015 s. 39.
(a) a person who has ceased to be in the legal custody of the Chief Commissioner of Police by force of section 6E(1)(ca) is again taken into custody and detained under the order referred to in that section; and
(b) either of the events referred to in subsection (1)(b) occurs.
S. 6D(1B) inserted by No. 59/2015 s. 9(1).
(1B) Without limiting paragraph (a) of subsection (1), a reference to lawful authority in that paragraph includes—
(a) a power of arrest (with or without warrant) under any Act; and
(b) a power of apprehension under any Act or at common law.
(2) A person is also deemed to enter into the legal custody of the Chief Commissioner when—
S. 6D(2)(a) amended by Nos 48/2006 s. 42(Sch. item 8.1), 1/2016 s. 18(3).
(a) the person is remanded in custody by a court or a bail justice under the Children, Youth and Families Act 2005 or the Bail Act 1977 ; and
S. 6D(2)(b) amended by No. 37/2014 s. 10(Sch. item 32.2).
(b) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person.
S. 6D(2AA) inserted by No. 32/2018 s. 128.
(2AA) A person is also deemed to enter the legal custody of the Chief Commissioner for the purposes of this Act when a police officer takes physical custody of the person under section 13AH, 13AT or 13WB of the Terrorism (Community Protection) Act 2003 .
S. 6D(2A) inserted by No. 10/2013 s. 6(1).
(2A) A person is also deemed to enter into the legal custody of the Chief Commissioner of Police when—
(a) a police custody transfer order is made in relation to the person; and
S. 6D(2A)(b) amended by No. 37/2014 s. 10(Sch. item 32.2).
(b) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person in accordance with the order.
S. 6D(3) amended by No. 10/2013 s. 6(2).
(3) A person who enters the legal custody of the Chief Commissioner of Police under subsection (1), (2) or (2A) is deemed to remain in that custody until that custody ceases under this Part.
(4) This section applies to a person regardless of the person's age.
S. 6E inserted by No. 45/2001 s. 5, amended by No. 5/2006 s. 14(7) (ILA s. 39B(1)).