Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 250

    (1)     A person in the custody of an escort under section 249 who escapes from the custody may be apprehended without warrant by the escort, a police officer or anyone else.

    (2)     Subsection (3) applies if a person in custody under section 249 —

        (a)     has escaped and been apprehended; or

        (b)     has attempted to escape.

    (3)     If this subsection applies, the person may be taken before a magistrate who may, despite the terms of any order of transfer issued under an interstate law, by warrant—

        (a)     order the person to be returned to the participating state where the order of transfer under which the person was being transferred at the time of the escape or attempt to escape was issued; and

        (b)     for that purpose, order the person to be delivered into the custody of an escort.

    (4)     A person who is the subject of a warrant issued under subsection (3) may be detained as an ACT prisoner until the earlier of the following:

        (a)     the person is delivered into the custody of an escort in accordance with the warrant;

        (b)     the end of 7 days after the day the warrant is issued.

    (5)     If a person who is the subject of a warrant issued under subsection (3) is not, in accordance with the warrant, delivered into the custody of an escort within 7 days after the day the warrant is issued, the warrant has no further effect.

    (6)     This section does not apply to a person to whom the Crimes Act 1914 (Cwlth), section 47 applies under the Transfer of Prisoners Act 1983 (Cwlth), section 26 (2).

    (7)     In this section:

"escort", in relation to a person who (while in the ACT) escapes, or attempts to escape from custody while being transferred under a transfer order issued under the interstate law of a participating state, means—

        (a)     in subsection (1)—the escort accompanying the person at the time of the escape or attempted escape; or

        (b)     in any other case—any of the following:

              (i)     the escort within the meaning of paragraph (a);

              (ii)     a prison officer or police officer of the participating state;

              (iii)     a person appointed, in writing, by the corresponding Minister of the participating state to escort the person back to the participating state.