Escape from custody of person being transferred
32 Escape from custody of person being transferred
A person in the custody of an escort pursuant to section 24 (3) or 31 who escapes from that custody may be apprehended without warrant by the escort, any member of the police force or any other person.
Where a person in custody pursuant to section 31—
has escaped and been apprehended, or
has attempted to escape,
that person may be taken before a Judge of the Local Court” or authorised officer within the meaning of the Criminal Procedure Act 1986 who may, notwithstanding the terms of any order of transfer issued under an interstate law, by warrant under the judge’s or authorised officer’s hand—
order the person to be returned to the participating State in which the order of transfer under which that person was being conveyed at the time of the escape or attempt to escape was issued, and
for that purpose, order the person to be delivered to an escort.
Subsections (1) and (2) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies by virtue of section 26 (2) of the Transfer of Prisoners Act 1983 of the Commonwealth.
A warrant issued under subsection (2) may be executed according to its tenor.
A person who is the subject of a warrant issued under subsection (2) may be detained in custody as a State prisoner until the person is delivered into the custody of an escort in accordance with that warrant or until the expiration of a period of 7 days from the issuing of the warrant, whichever first occurs.
If a person who is the subject of a warrant issued under subsection (2) is not, in accordance with the warrant, delivered into the custody of an escort within a period of 7 days from the issuing of the warrant, the warrant shall have no further effect.
A reference in subsection (2), (4) or (5) to an escort in relation to a person who was, at the time of the person’s escape or attempt to escape, being conveyed under an order of transfer issued in a participating State is a reference to—
the escort who had the custody of that person pursuant to that order,
a prison officer or a member of the police force of the participating State, or
a person appointed by the corresponding Minister of the participating State by an instrument in writing to be an escort for the purpose of conveying that person to the participating State,
or any 2 or more of them.
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