41Arrest of person escaping from detention or absent without leave

### 41 Arrest of person escaping from detention or absent without leave > > (1)  [*\[Section 41 Subsection (1) amended by No. 35 of 2002, s. 6, Applied:14 Nov 2002\]*](/view/html/inforce/2002-11-14/act-2002-035#GS6@Hpa@EN) If a person who is committed to detention pursuant to a restriction order made under this Act or the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059)  – > > > > > > (a) escapes from the detention; or > > > > > > > (b) is absent, without proper authority, from the place of detention – > > > > the person may be arrested without warrant, and returned to the place of detention, by a police officer or an authorised person. > > > (1A)  [*\[Section 41 Subsection (1A) inserted by No. 35 of 2002, s. 6, Applied:14 Nov 2002\]*](/view/html/inforce/2002-11-14/act-2002-035#GS6@Hpb@EN) If a judge of a court by which a person is committed to detention under this Act is satisfied that there are proper grounds to suspect that the person – > > > > > > (a) has escaped from the detention or is absent, without proper authority, from the place of detention; and > > > > > > > (b) has left the State – > > > > the judge may issue a warrant for the arrest of the person and for his or her return to the place of detention. > > > (1B)  [*\[Section 41 Subsection (1B) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja11@GC16@EN) [*\[Section 41 Subsection (1B) amended by No. 72 of 2005, s. 113, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS113@Hpa@EN) [*\[Section 41 Subsection (1B) inserted by No. 35 of 2002, s. 6, Applied:14 Nov 2002\]*](/view/html/inforce/2002-11-14/act-2002-035#GS6@Hpb@EN) If a judge or magistrate of a court by which a person is made the subject of a treatment order is satisfied that there are proper grounds to suspect that the person – > > > > > > (a) [*\[Section 41 Subsection (1B) amended by No. 72 of 2005, s. 113, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS113@Hpb@EN) has escaped or is absent without leave of absence from an approved hospital; and > > > > > > > (b) has left the State – > > > > the judge or magistrate may issue a warrant for the arrest of the person and for his or her return to the approved hospital. > > > (2)  [*\[Section 41 Subsection (2) amended by No. 72 of 2005, s. 113, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS113@Hpd@EN) [*\[Section 41 Subsection (2) amended by No. 72 of 2005, s. 113, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS113@Hpc@EN) [*\[Section 41 Subsection (2) amended by No. 35 of 2002, s. 6, Applied:14 Nov 2002\]*](/view/html/inforce/2002-11-14/act-2002-035#GS6@Hpe@EN) [*\[Section 41 Subsection (2) amended by No. 35 of 2002, s. 6, Applied:14 Nov 2002\]*](/view/html/inforce/2002-11-14/act-2002-035#GS6@Hpd@EN) [*\[Section 41 Subsection (2) amended by No. 35 of 2002, s. 6, Applied:14 Nov 2002\]*](/view/html/inforce/2002-11-14/act-2002-035#GS6@Hpc@EN) If a judge of a court by which a person is released under a supervision order is satisfied that there are proper grounds to suspect that the person has contravened or failed to comply with a condition of the order and has left the State, the judge may issue a warrant for the arrest of the person and for his or her return to the court.