63AEffect on term of imprisonment of absence from custodial

63A Effect on term of imprisonment of absence from custodial correctional facility (1) This section applies in relation to an offender who is sentenced to a term of imprisonment and is absent from a custodial correctional facility for a period (the absence period). (2) Any part of the absence period during which the offender is in the lawful custody of the Commissioner (as defined in section 9(1) of the Correctional Services Act 2014) is the offender's lawful absence period. Sentencing Act 1995 47 (3) Any part of the absence period during which the offender is unlawfully absent (as defined in section 9(2) of the Correctional Services Act 2014) is the offender's unlawful absence period. (4) In calculating the term to be served: (a) the offender's lawful absence period (if any) does count as time served; and (b) the offender's unlawful absence period (if any) does not count as time served.