Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 63

Meaning of person in custody

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).



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