Tasmanian Consolidated Acts

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CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 - SECT 41

Arrest of person escaping from detention or absent without leave
(1)  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)  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)  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) has escaped or is absent without leave of absence from an approved hospital; and
(b) has left the State –
the judge or magistrate may issue a warrant for the arrest of the person and for his or her return to the approved hospital.
(2)  If a judge of a court by which a person is released under a supervision order is satisfied that there are proper grounds to suspect that the person has contravened or failed to comply with a condition of the order and has left the State, the judge may issue a warrant for the arrest of the person and for his or her return to the court.



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