Section 45A — Crimes Act 1914: 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).