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] If a person who is committed to detention pursuant to a restriction order made under this Act or the Sentencing Act 1997  –

(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] 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] [Section 41 Subsection (1B) amended by No. 72 of 2005, s. 113, Applied:20 Feb 2006] [Section 41 Subsection (1B) inserted by No. 35 of 2002, s. 6, Applied:14 Nov 2002] 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] has escaped or is absent without leave of absence from an approved hospital; and

(b) has left the State –