sec.63Meaning of person in custody

sec.63 Meaning of person in custody

A person in custody is a person who is in lawful custody— on a charge of an offence or awaiting sentence on conviction for an offence; or without charge under— an Act of the State, other than this Act; or an Act of the Commonwealth; or serving a sentence of imprisonment, or period of detention under a court order, for an offence and who is not released on parole. To remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a law of the Commonwealth. See the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and Territory courts in criminal cases). (sec.63-ssec.1) A person in custody is a person who is in lawful custody— on a charge of an offence or awaiting sentence on conviction for an offence; or without charge under— an Act of the State, other than this Act; or an Act of the Commonwealth; or serving a sentence of imprisonment, or period of detention under a court order, for an offence and who is not released on parole. (sec.63-ssec.2) To remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a law of the Commonwealth. See the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and Territory courts in criminal cases).

• (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
• (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.
• (i) an Act of the State, other than this Act; or
• (ii) an Act of the Commonwealth; or