40Certain unlawful absences not to affect length of sentence

#### 40 Certain unlawful absences not to affect length of sentence 40 Certain unlawful absences not to affect length of sentence > > (1) This section applies to an inmate who is unlawfully absent from a correctional centre during the term of a sentence— > > > > > (a) otherwise than by reason of having escaped from lawful custody, and > > > > > (b) otherwise than by reason of having failed to return to a correctional centre at the expiry of the period specified in a local leave permit, interstate leave permit or approval granted under section 255A, and > > > > > (c) otherwise than by reason of having failed to return to a correctional centre following the revocation of an intensive correction order or parole order, and > > > > > (d) otherwise than by reason of having failed to enter a correctional centre in accordance with a warrant or order committing the inmate to a correctional centre, > > > > and so applies whether or not the inmate is taken, while absent, to be in the custody of the governor of the correctional centre. > > > (2) For the purpose only of calculating how much of the sentence the inmate has served, the inmate is taken to have been in lawful custody for the whole of that absence. > > **s 40:** Am 2007 No 32, Sch 1 \[4\]; 2010 No 48, Sch 2 \[8\]; 2017 No 53, Sch 3 \[3\]; 2020 No 31, Sch 1.5; 2022 No 26, Sch 2.7.