Inmates deemed to be in legal custody
40.—(1)  Every inmate is deemed to be in the legal custody of the approved institution or community rehabilitation centre in which he or she is for the time being detained.
[30/2012]
(2)  An inmate is deemed to be in legal custody —
(a)while he or she is confined in, or is being taken to or from, an approved institution or a community rehabilitation centre;
(b)while he or she is for any other reason outside an approved institution or a community rehabilitation centre and in the custody or under the control of an officer of the approved institution or community rehabilitation centre; or
(c)while he or she is being taken to any place to which he or she is required or authorised under this Act to be taken, or is kept in custody pursuant to any such requirement or authorisation.
[30/2012]