CORRECTIONS ACT 1986 - SECT 108A Return of prisoner unlawfully released

CORRECTIONS ACT 1986 - SECT 108A

    (1)     This section applies if a prisoner who is not legally entitled to be released is released from custody.

    (2)     The Secretary, by warrant signed by the Secretary, may authorise—

        (a)     any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; and

        (b)     any prison officer or escort officer to arrest the prisoner and return the prisoner to prison.

    (3)     Whether or not a warrant is issued under subsection (2), the Secretary may authorise the making of an application to a magistrate for a warrant authorising—

        (a)     any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; and

        (b)     any prison officer or escort officer to arrest the prisoner and return the prisoner to prison.

    (4)     Subject to subsection (5), an officer authorised by a warrant referred to in subsection (2) or (3) to arrest a prisoner and return the prisoner to prison may detain the prisoner at a police gaol or police station or a hospital or medical facility if—

        (a)     it is impractical to immediately return the prisoner to prison; or

        (b)     the prisoner requires urgent medical attention.

    (5)     For the purposes of subsection (4), an officer may only detain a prisoner at a police gaol or police station or a hospital or medical facility for the minimum time required before the prisoner is able to be returned to prison or for the prisoner to receive the required medical attention (as the case may be).

S. 109 amended by No. 31/1994 s. 3(Sch. 1 item 14).