6Prisoners

6 Prisoners (1) A person is a prisoner if the person: (a) has been committed or remanded into the custody of the Commissioner by an order that is in force; or (b) is under a sentence of imprisonment but is not a non-custodial offender; or (c) is a detainee under the Serious Sex Offenders Act 2013; or (d) is an immigration detainee. Examples for subsection (1)(b) Examples of persons who are under sentence of imprisonment but are non-custodial offenders include: (a) a person who has been released under a parole order; and (b) a person whose sentence of imprisonment has been suspended. (2) A person is an immigration detainee if: (a) the person is: (i) in immigration detention (as defined in section 5 of the Migration Act 1958 (Cth)); and (ii) being restrained or held by or on behalf of an officer (as defined in section 5 of that Act) who is a correctional services officer; or (b) the person would be an immigration detainee under paragraph (a) but for the fact that the person has escaped from detention.

Correctional Services Act 2014 9 (3) To avoid doubt, a person mentioned in subsection (1)(a), (b) or (c) is a prisoner: (a) whether or not a warrant of commitment has been issued; and (b) even if the person is not at a custodial correctional facility.