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s 104

Custody of person brought up from prison or detention centre in another participating jurisdiction

In force
Part 10Sentences and orders under law of State
Division 1Custodial sentences and orders
Subdivision 3Bring up orders

104 Custody of person brought up from prison or detention centre in another participating jurisdiction

If an order is made under section 103 in relation to a person —

(a)

the person in charge of the prison or detention centre in which the person is in custody may charge an authorised officer with carrying out the order; and

(b)

the person must —

(i)

while absent from the prison or detention centre for the purpose specified in the order, be kept in the charge of an authorised officer; and

(ii)

in due course and subject to any lawful order to the contrary, be returned to the custody from which the person was brought up without any prejudice to any cause or matter under the law of the State for which the person was in that custody;

and

(c)

if the proceeding that the person is required to attend is adjourned, the person may during the adjournment —

(i)

be taken to and confined in a prison or detention centre in a participating jurisdiction or be kept at a place in a participating jurisdiction in the charge of an authorised officer; or

(ii)

be brought up from time to time and day‑to‑day to the place where the person’s attendance is required.

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