249Definitions

#### 249 Definitions 249 Definitions > > (1) In this Part— > > > > correctional officer includes— > > > > > (a) a person employed on a temporary basis within Corrective Services NSW to perform some or all of the duties of a correctional officer, and > > > > > (b) a person holding an authority under section 240 to perform escort duties. > > > > designated officer means the person for the time being holding or acting in the position within Corrective Services NSW designated by the Commissioner for the purposes of this Part. > > > > person in custody means a person who is in lawful custody— > > > > > (a) before being brought before a court in connection with the alleged commission of an offence, or > > > > > (b) during proceedings to determine whether the person has committed an offence or while such proceedings are pending, or > > > > > (c) following a grant of bail but before the person has fulfilled the necessary requirements entitling the person to be released, or > > > > > (d) during any period for which the person is on remand, or > > > > > (e) while awaiting sentencing for an offence or during sentencing proceedings, or > > > > > (f) during any period after the person is sentenced for an offence, or > > > > > (g) during any period after an intensive correction order is made in relation to the person and before an intensive correction notice is served on the person, or > > > > > (h) in accordance with a warrant of commitment or other warrant, or an order of a court or other competent authority, > > > > but does not include a person who is detained in accordance with the [Intoxicated Persons Act 1979](/view/html/repealed/current/act-1979-067). > > > (2) For the removal of doubt, person in custody in subsection (1) includes a person in lawful custody— > > > > > (a) refused bail by a police officer with power to make a bail decision under the [Bail Act 2013](/view/html/inforce/current/act-2013-026), or > > > > > (b) granted bail by a police officer with power to make a bail decision under the [Bail Act 2013](/view/html/inforce/current/act-2013-026) but not released, or > > > > > (c) arrested with or without warrant under section 77 of the [Bail Act 2013](/view/html/inforce/current/act-2013-026) for a failure or threatened failure to comply with a bail acknowledgment or a bail condition. > > **s 249:** Am 2000 No 110, Sch 1 \[8\]; 2002 No 79, Sch 1 \[16\]; 2004 No 47, Sch 1 \[24\]; 2010 No 48, Sch 2 \[58\]; 2014 No 5, Sch 2.9 \[2\].