485Temporary leave from legal custody

485 Temporary leave from legal custody (1) In relation to a person who is detained in a remand centre, youth residential centre or youth justice centre, the Secretary or the officer in charge of the centre with the authority in writing of the Secretary given either generally or in any particular case, may by writing under his or her hand permit a person in the centre to take temporary leave of absence, with or without escort or supervision, from the place where that person is detained for any purpose stated in the permit which may include, but is not limited to, any of the following purposes— (a) to engage in employment, whether with or without remuneration; (b) to attend an educational or training institution; (c) to visit his or her family, relatives or friends; (d) to participate in sport, recreation or entertainment in the community; (e) to attend a hospital or a medical, dental or psychiatric clinic or like place for receiving treatment or for examination; (f) to attend a funeral; S. 485(1)(g) amended by No. 37/2014 s. 10(Sch. item 18.13). (g) to accompany police officers for a specified purpose or for assisting in the administration of justice; (h) to seek employment; (i) to live in any other accommodation specified in the permit for any purpose specified in the permit. (2) A permit under this section may be subject to any conditions, limitations and restrictions that the Secretary thinks fit to impose and may be issued to or in respect of an individual person or any group of persons engaged in common employment, education, instruction or activity. (3) A person permitted temporary leave in accordance with this section is during the temporary leave deemed to continue to be in legal custody. (4) The person issuing a permit under this section to an individual person must give that person a copy of the permit or cause that person to be given a copy. (5) A person to whom a copy of a permit is given in accordance with subsection (4) must carry that copy at all times during the temporary leave. (6) The Secretary may at any time before the end of a period of temporary leave cancel a permit issued under this section. S. 485(7) substituted by No. 61/2014 s. 152. (7) The cancellation of a permit takes effect at the earlier of the following times— (a) the end of the day on which the person permitted temporary leave is informed of the cancellation of the permit; or (b) the time at which the person returns to the place of custody from which the person was released on leave. (8) A person who fails, before the end of a period of temporary leave, either to return to the place of custody from which he or she was released on leave or to report at some other place of custody specified in the permit is deemed to have escaped from the place of custody within the meaning of section 498. (9) It is a defence to any proceedings brought under section 498 by virtue of the provisions of subsection (8) for the person charged to prove that the failure to return or report to any place was not attributable to any failure on his or her part but was due to circumstances beyond his or her control. (10) A person must not contravene a condition, limitation or restriction to which a permit under this section is subject, not being a condition, limitation or restriction with respect to returning to or reporting to a place of custody as described in subsection (8). (a) In the case of a child, detention in a youth residential centre for 2 months or in a youth justice centre for 3 months; (b) In any other case, imprisonment or detention in a youth justice centre for 3 months. Ch. 5 Pt 5.8 Div. 2 (Heading) inserted by No. 5/2006 s. 17(1)(c). Division 2—Management of detainees S. 486 repealed by No. 54/2011 s. 5.