55Escape from custody of prisoner on leave of absence

55 Escape from custody of prisoner on leave of absence

(1)  A person in the custody of an escort pursuant to section 54 who escapes from that custody may be apprehended without warrant by the escort, a police officer or any other person.

(2)  If a person in custody pursuant to section 54  –

(a) has escaped and been apprehended; or

(b) has attempted to escape –

that person may be taken before a court of summary jurisdiction which may, despite the terms of any permit issued under an interstate law, by warrant –

(c) order the person to be returned to the participating State in which the permit was issued; and

(d) for that purpose, order the person to be delivered to an escort.

(3)  Subsections (1) and (2) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies.

(4)  A warrant under subsection (2) may be executed according to its tenor.

(5)  A person who is the subject of a warrant issued under subsection (2) may be detained in the custody of the Director as a prisoner until he or she is delivered into the custody of an escort in accordance with the warrant or until the expiration of a period of 7 days from the issuing of the warrant, whichever first occurs.

(6)  If a person who is the subject of a warrant issued under subsection (2) is not, in accordance with the warrant, delivered into the custody of an escort within a period of 7 days from the issuing of the warrant, the warrant has no further effect.

(7)  A reference in subsection (2) , (5) or (6) to an escort in relation to a person who was, at the time of his or her escape or attempted escape, being escorted under a permit issued in a participating State is a reference to –