Commonwealth Consolidated Acts

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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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