26Circumstances in which prisoners, &c., are in custody of Director, &c.

### 26 Circumstances in which prisoners, &c., are in custody of Director, &c. > > (1)  A prisoner or detainee is taken to be in the custody of the Director in the following circumstances: > > > > > > (a) if the prisoner or detainee is being taken to or from prison; > > > > > > > (b) if the prisoner or detainee is working outside the precincts of a prison; > > > > > > > (c) if the prisoner or detainee is outside the precincts of a prison in accordance with an authorisation under [section 41](#GS41@EN) , a leave permit under [section 42](#GS42@EN) or an interstate leave permit under [section 49](#GS49@EN) . > > > (2)  If a police officer has custody of a prisoner or detainee in a prison in respect of which a proclamation has been made under [section 9(2)](#GS9@Gs2@EN) , the police officer is taken to be a correctional officer and the prisoner or detainee is taken to be in the custody of the Director. > > > (3)  If a correctional officer has custody of a person in lawful custody, other than a prisoner or detainee, in a prison in respect of which a proclamation has been made under [section 9(2)](#GS9@Gs2@EN) , the correctional officer is taken to be a police officer and the person in lawful custody is taken to be in the custody of a police officer.