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](#GS54@EN) 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](#GS54@EN)  – > > > > > > (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)](#GS55@Gs1@EN) and [(2)](#GS55@Gs2@EN) do not apply to a person to whom [section 47 of the](/view/html/inforce/2026-04-12/act-1914-999#) [Crimes Act 1914](/view/html/inforce/2026-04-12/act-1997-051) of the Commonwealth applies. > > > (4)  A warrant under [subsection (2)](#GS55@Gs2@EN) may be executed according to its tenor. > > > (5)  A person who is the subject of a warrant issued under [subsection (2)](#GS55@Gs2@EN) 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)](#GS55@Gs2@EN) 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)](#GS55@Gs2@EN) , [(5)](#GS55@Gs5@EN) or [(6)](#GS55@Gs6@EN) 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 – > > > > > > (a) the escort who had the custody of that person pursuant to that permit; or > > > > > > > (b) a prison officer or a member of the police force of the participating State; or > > > > > > > (c) a person appointed by the corresponding Director of the participating State in writing to be an escort for the purpose of escorting that person to the participating State – > > > > or any 2 or more of them.