Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 9

Treatment of other people in custody

    (1)     This section applies to a person (other than a sentenced offender or remandee) detained in lawful custody under a territory law or a law of the Commonwealth, a State or another Territory.

Examples

1     a person held on a warrant issued under the Royal Commissions Act 1991

, s 35 (Apprehension of witnesses failing to appear)

2     an interstate prisoner on leave in the ACT held in custody overnight

    (2)     Functions under this Act in relation to the person must be exercised, as far as practicable, as follows:

        (a)     to recognise and facilitate the purpose for which the person is detained;

        (b)     to respect and protect the person's human rights;

        (c)     to ensure the person's decent, humane and just treatment;

        (d)     to preclude torture or cruel, inhuman or degrading treatment.

    (3)     Also, functions under this Act in relation to the person must be exercised, as far as practicable, as follows:

        (a)     to ensure the person is not subject to punishment only because of the conditions of detention;

        (b)     to ensure the person's conditions in detention comply with the requirements under the Corrections Management Act 2007

.

    (4)     This Act applies in relation to the person as a full-time detainee, with any changes prescribed by regulation.



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