New South Wales Consolidated Acts

CHILDREN (INTERSTATE TRANSFER OF OFFENDERS) ACT 1988 - SECT 15

15 Escape from custody

(1) A young offender being transferred through New South Wales from one State to another in accordance with an agreement who escapes from the custody of an escort authorised by the agreement to have custody of the offender may be apprehended by any person without a warrant.

(2) Where a young offender being so transferred through New South Wales from one State to another in the custody of such an escort:

(a) has escaped and been apprehended, or

(b) has attempted to escape,

the young offender may be taken before an authorised officer who may by warrant under his or her hand order the young offender to be detained in custody at a detention centre.

(3) Such a warrant may be executed according to its tenor.

(4) A young offender who is apprehended pursuant to such a warrant must as soon as practicable be brought before the Local Court, in the case of a young offender who is of or over the age of 18 years, or a Children’s Court, in the case of a young offender who is under the age of 18 years, which may order:

(a) that the young offender be delivered to the custody of an escort, or

(b) that the young offender be detained for no longer than 7 days until an escort is available from the sending State to carry out the arrangement or any orders made by a court of that State.

(5) If a young offender who is the subject of an order made by an authorised officer is not, in accordance with the order, delivered into the custody of an escort within 7 days after the making of the order, the order has no further effect, but nothing in this section prevents a further such order from being made.

(6) The references in subsections (4) and (5) to an escort for a young offender being transferred through New South Wales from one State to another under an agreement is a reference to:

(a) the escort authorised by the agreement to have custody of the young offender, or

(b) where the offender has escaped or attempted to escape:

(i) that escort, or

(ii) a member of the Police Force of the sending State, or

(iii) a person appointed by instrument in writing (by the Minister of the sending State or a person authorised to enter into an agreement on behalf of that Minister) to be an escort for the purpose of carrying out any orders of a court of the sending State,

or any two or more of them.