New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 36

36 Return of escaped interstate prisoners to State of origin

(1) An interstate prisoner:

(a) who is arrested following an escape, or

(b) who attempts to escape,

may be taken before a Magistrate.

(2) Despite the terms of any permit issued in accordance with a corresponding interstate law, a Magistrate may by warrant (a "return warrant"):

(a) order the return of the interstate prisoner to the participating State in which the permit was issued, and

(b) order the interstate prisoner to be delivered to an interstate escort for the purpose of such a return.

(3) A return warrant may be executed in accordance with its terms.

(4) An interstate prisoner who is the subject of a return warrant may be held in custody as an inmate until the person is delivered into the custody of an interstate escort in accordance with that warrant, or until the expiry of a period of 14 days from the issue of the warrant, whichever first occurs.

(5) A return warrant ceases to have effect if the interstate prisoner who is the subject of the warrant is not delivered into the custody of an interstate escort, in accordance with the terms of the warrant, within 14 days after the warrant is issued.