9Lawful custody and unlawful absence

9 Lawful custody and unlawful absence (1) A prisoner is in the lawful custody of the Commissioner if the prisoner: (a) is at a custodial correctional facility; or (b) is at a health care facility under section 86; or

Correctional Services Act 2014 10 (c) is attending court; or (d) is working at a place outside a custodial correctional facility as mentioned in section 54; or (e) is being transported to a custodial correctional facility, or between 2 places mentioned in paragraphs (a) to (d); or (f) is absent from a custodial correctional facility as authorised by a leave permit as mentioned in section 109(2); or (g) is absent from a custodial correctional facility under other lawful authority. (2) A prisoner is unlawfully absent if the person is not in the lawful custody of the Commissioner. Note for section 9 See section 63A of the Sentencing Act 1995 for the effect that being absent from a custodial correctional facility has on a prisoner's term of imprisonment.