6AWhen is a person in the legal custody of the Secretary?

6A When is a person in the legal custody of the Secretary? (1) A person is deemed to enter the legal custody of the Secretary when— (a) an order of imprisonment is made in relation to the person; and (i) a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or (ii) a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison. S. 6A(1A) inserted by No. 5/2006 s. 14(2). (1A) Subsection (1) applies each time when— S. 6A(1A)(a) amended by No. 41/2015 s. 38. (a) a person who has ceased to be in the legal custody of the Secretary by force of section 6B(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. (2) A person who enters the legal custody of the Secretary under subsection (1) is deemed to remain in that custody until that custody ceases under this Part. S. 6A(2A) inserted by No. 43/2017 s. 34. (2A) Subsection (2) applies despite an order of the Children's Court or any other court that the person is to be remanded as a child. (3) This section applies to a person regardless of the person's age. S. 6A(4) inserted by No. 91/2009 s. 201(3), amended by No. 27/2018 s. 355(5). (4) A person in respect of whom a detention order, an interim detention order or an emergency detention order within the meaning of the **Serious Offenders Act 2018** has been made is deemed to be in the legal custody of the Secretary following the occurrence of either event set out in subsection (1)(b). S. 6B inserted by No. 45/2001 s. 5, amended by No. 5/2006 s. 14(4) (ILA s. 39B(1)).