Commonwealth Consolidated Acts

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REMOVAL OF PRISONERS (TERRITORIES) ACT 1923 - SECT 7B

Arrest of prisoner unlawfully at large

  (1)   A constable may, without warrant, apprehend a person whom the constable, with reasonable cause, suspects is a prisoner unlawfully at large.

  (2)   The constable shall forthwith take the person before a Magistrate.

  (3)   If the Magistrate is satisfied that the person is a prisoner unlawfully at large, the Magistrate may issue a warrant:

  (a)   authorising any constable to convey the person to a prison specified in the warrant; and

  (b)   directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison to undergo the term of imprisonment or other detention that the person is required by law to undergo.

  (4)   In this section, prisoner unlawfully at large means a person who is at large (otherwise than by reason of having escaped from lawful custody) at a time when the person is required by law to be in custody pursuant to this Act or a warrant issued pursuant to this Act.



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