112Effect of leave permit on lawful custody

112 Effect of leave permit on lawful custody (1) A prisoner who is absent from a custodial correctional facility as authorised by a leave permit: (a) remains a prisoner; and (b) remains in the lawful custody of the Commissioner. (2) The prisoner ceases to be in the lawful custody of the Commissioner if the prisoner: (a) fails to comply with the terms and conditions of the permit; or (b) fails to return to the custodial correctional facility before the permit ceases to be in force. Note for section 112 If a prisoner ceases to be in the lawful custody of the Commissioner, the prisoner is unlawfully absent (see section 9(2)). If a prisoner is unlawfully absent: (a) if the prisoner is a sentenced prisoner – the prisoner's sentence of imprisonment ceases to run (see section 63A of the Sentencing Act 1995); and (b) the prisoner may be arrested (see section 141).