254Extension of sentence following unlawful absence from custody

#### 254 Extension of sentence following unlawful absence from custody 254 Extension of sentence following unlawful absence from custody > > (1) If a person is unlawfully absent from custody during the term of a sentence— > > > > > (a) the term of the sentence, and > > > > > (b) if the absence occurs during a non-parole period of the sentence, the non-parole period of the sentence, > > > > are, by this subsection, extended by the period for which the person is unlawfully absent from custody. > > > (2) In subsection (1)— > > > > > (a) the reference to a person being unlawfully absent from custody includes a reference to a person being absent from custody following the revocation of an intensive correction order or parole order, and > > > > > (b) the reference to the period for which such a person is unlawfully absent from custody does not include any period for which the person is in custody, whether or not in relation to the sentence the subject of the order that has been revoked. > > > (3) This section does not apply to— > > > > > (a) any absence from custody for which the person is taken to have been in lawful custody by operation of section 40, or > > > > > (b) any absence from custody in respect of which the person’s sentence is extended by some other provision of this Act. > > > (4) This section does not prevent a person from being proceeded against and convicted in relation to any offence arising out of an escape from lawful custody. > > **s 254:** Am 2010 No 48, Sch 2 \[59\]; 2017 No 53, Sch 3 \[43\].