39Powers of arrest

#### 39 Powers of arrest 39 Powers of arrest > > (1) A police officer or correctional officer may, with or without a warrant, arrest an inmate— > > > > > (a) who has contravened, or has manifested an intention to contravene, a condition of a local leave order, local leave permit, interstate leave permit or approval granted under section 255A, or > > > > > (b) whose local leave order, local leave permit, interstate leave permit or approval granted under section 255A has been revoked, or > > > > > (c) who has not returned to a correctional centre at the expiry of the period specified in a local leave order, local leave permit, interstate leave permit or approval granted under section 255A, or > > > > > (d) who has escaped from custody. > > > (2) A police officer who arrests an inmate under subsection (1)— > > > > > (a) in the case of an inmate who has escaped from custody—is to take the inmate before an authorised officer to be dealt with according to law, or > > > > > (b) in any other case—is to convey the inmate to the nearest appropriate correctional centre. > > > (3) A correctional officer who arrests an inmate under subsection (1)— > > > > > (a) in the case of an inmate who has escaped from custody—is to take the inmate to a police officer, or before an authorised officer to be dealt with according to law, or > > > > > (b) in any other case—is to convey the inmate to the nearest appropriate correctional centre. > > > (4) If an inmate is taken before an authorised officer under subsection (2) (a) or (3) (a), the authorised officer may, by warrant, commit the inmate to the custody of— > > > > > (a) the person from whose custody the inmate escaped, or > > > > > (b) a correctional centre to be held pending the return of the inmate to the custody of that person, or > > > > > (c) any other person with lawful authority to hold the inmate in custody. > > > (5) Subsection (4) does not limit the powers of an authorised officer to deal with an inmate according to law. > > > (6) A warrant under subsection (4) is sufficient authority— > > > > > (a) for any police officer or correctional officer to convey the inmate to the person specified in the warrant, or to the correctional centre specified in the warrant, and to deliver the inmate into the custody of that person or the governor of that correctional centre, and > > > > > (b) for the governor of the correctional centre to keep the inmate in his or her custody pending the person’s return to the custody of the person from whose custody the inmate escaped. > > > (7) In this section— > > > > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 39:** Subst 2000 No 110, Sch 1 \[9\]. Am 2002 No 36, Sch 1 \[1\]; 2006 No 58, Sch 1.8 \[2\] \[3\]; 2007 No 32, Sch 1 \[3\].