Corrective Services Act 2006

If a prisoner is unlawfully at large or unlawfully absent, a corrective services officer may—

arrest the prisoner without warrant; or

apply in writing to an authorised person for the issue of a warrant for the prisoner’s arrest.

Note—See also the Police Powers and Responsibilities Act 2000, section 366.

The authorised person may issue the warrant only if satisfied the prisoner is unlawfully at large or unlawfully absent.

The warrant may be directed to all corrective services officers and may be executed by any of them.

The period during which a prisoner is unlawfully at large does not count as part of the prisoner’s period of imprisonment.

A prisoner is unlawfully at large if the prisoner has escaped from lawful custody.

A prisoner is unlawfully absent if—

the prisoner is mistakenly, unlawfully or otherwise incorrectly discharged or released before the prisoner’s discharge day or release day; or

the prisoner is at large in the community because the prisoner was mistakenly released or discharged from the custody of the proper officer of a court or a police officer instead of being transferred to a corrective services facility.

In this section—authorised person means—

if a prisoner is unlawfully at large after a parole order has been suspended or cancelled—the parole board; or

in any case—the chief executive or a magistrate.