Australian Capital Territory Numbered Acts

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PRISONERS' INTERSTATE LEAVE ACT 1997 (NO. 99 OF 1997) - SECT 16

Escape of prisoners from custody

16. (1) Where a prisoner who is in escorted custody in the Territory escapes or attempts to escape from custody—

        (a)     the interstate permit by virtue of which the prisoner is in the Territory ceases, by virtue of this paragraph, to have effect in the Territory; and

        (b)     the prisoner, if he or she has escaped, may be apprehended by any person without a warrant.

(2) A person other than a police officer who apprehends a prisoner under paragraph (1) (b) shall deliver the prisoner into the custody of a police officer as soon as practicable.

(3) A police officer who apprehends a prisoner under paragraph (1) (b) or into whose custody a prisoner is delivered under subsection (2) shall take the prisoner before a Magistrate as soon as practicable.

(4) A Magistrate before whom a prisoner is brought under subsection (3) may order that the prisoner—

        (a)     be returned in custody to the participating jurisdiction where the interstate permit had issued;

        (b)     that, for that purpose, he or she be placed within 7 days in the custody of an appropriate interstate escort; and

        (c)     that, until appropriate arrangements are made for an appropriate interstate escort to take custody of the prisoner or 7 days have expired, whichever sooner happens, the prisoner be detained in custody in the Territory.

(5) In this section—

“appropriate interstate escort” means—

        (a)     a person who had custody of the prisoner when the prisoner entered the Territory;

        (b)     a police officer or custodial officer holding office in the jurisdiction to which the prisoner is to be returned; or

        (c)     a person appointed in writing by a person who, in the jurisdiction to which the prisoner is to be returned, has authority to issue interstate leave permits;

“prisoner” includes—

        (a)     a prisoner who has escaped from custody; and

        (b)     a prisoner who, having escaped, has been apprehended.



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