Commonwealth Consolidated Acts

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REMOVAL OF PRISONERS (AUSTRALIAN CAPITAL TERRITORY) ACT 1968 - SECT 5

Removal to, or detention in, the State

  (1)   Where a magistrate or a court has, whether before or after the commencement of this Act, made an order or pronounced a sentence by virtue of which a person is to be, or may be, imprisoned or otherwise held in custody, an authorized person may, by warrant directed to all constables, require them to convey that person in custody from the Territory to such prison in the State as is specified in the warrant an d there to deliver him into the custody of the officer in charge of the prison or some other officer doing duty at the prison, and the warrant may be executed by any constable.

  (2)   Where a person is delivered into custody at a prison in the State in pursuance of a warrant under the last preceding sub-section, the person may, subject to this Act, be detained in that prison or any other prison in the State for so long as his detention or custody is necessary for the execution of the order or sentence by reason of which the warrant was issued.

  (3)   Subject to the succeeding provisions of this Act, the person may, while so in custody, be dealt with in the like manner, and is subject to the like laws, including laws relating to the reduction or remission of sentences, as if the order or sentence of the magistrate or court by reason of which the warrant was issued had been a like order or sentence made or pronounced under a law in force in the State.



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