New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 249

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 .

(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 , or

(b) granted bail by a police officer with power to make a bail decision under the Bail Act 2013 but not released, or

(c) arrested with or without warrant under section 77 of the Bail Act 2013 for a failure or threatened failure to comply with a bail acknowledgment or a bail condition.