59FWhen is a person in police custody, care or control?

59F When is a person in police custody, care or control? (1) In this Division, a reference to police custody, care or control is a reference to the custody, care or control (as the case may be) of— (a) a person who is in the legal custody of the Chief Commissioner under an Act; or (b) a person who is in custody under the **Crimes Act 1958**; or (c) a person who is in the care and control of a police officer under— (i) the **Mental Health and Wellbeing Act 2022**; or (ii) the **Youth Justice Act 2024**; or (d) a child who is under the care of a police officer under the **Children, Youth and Families Act 2005**; or (e) a person who has been apprehended by a police officer under— (i) the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; or (ii) the **Disability Act 2006**; or (f) a person who is otherwise in— (i) the physical or legal custody; or (ii) the care or control— of a police officer under an Act or a law; or (g) a person in prescribed circumstances (if any). (2) For the purposes of this Division, if a person who is in police custody, care or control is transported by a police officer under section 59G, the police custody, care or control of the person does not cease merely because the person is in a transit state. S. 59G inserted by No. 55/2025 s. 101.