20/Aug/2004 - Current (at 31 Dec 2005)
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    92. Consequences of revocation of leave of absence

    (1) A prisoner who is absent from prison under a grant of leave of absence under section 87 shall be deemed to be in lawful custody during the period of his absence from prison as authorised by the grant.

    (2) A prisoner granted leave of absence under section 87 who

    (a) escapes or prepares or attempts to escape from lawful custody during the currency of the grant of leave of absence;

    (b) fails to return to prison on or before the time he is required to do so by the grant; or

    (c) fails to comply with a condition or restriction set out in the instrument by which leave is granted,

    may be arrested, without the necessity of a warrant, by a prison officer or a police officer and returned to prison and is guilty of an aggravated prison offence and shall be dealt with accordingly.

    (3) If a prisoner to whom a grant of leave of absence under section 87 is made is charged with any offence or any prison offence, the chief executive officer shall forthwith suspend the grant of leave of absence to him but, if the determination of the charge does not result in a conviction or a finding that the prisoner has committed a prison offence, the chief executive officer shall lift the suspension.

    (4) If a prisoner to whom a grant of leave of absence under section 87 is made is convicted of an offence which he committed while absent from prison under the grant of leave of absence or is found to have committed an aggravated prison offence, the grant of leave of absence to him is by force of this subsection cancelled.

    (5) If a prisoner to whom a grant of leave of absence under section 87 is made is found to have committed a minor prison offence, the chief executive officer may lift the suspension of his grant of leave of absence or may vary or cancel the grant.

    (6) Except with the approval of the Minister, leave of absence shall not be granted under section 87 to a prisoner who

    (a) on a previous occasion has been granted leave of absence under section 87 but that grant has been cancelled or revoked; or

    (b) has been released on parole under the Sentence Administration Act 2003 but whose parole has been cancelled for any reason.

    [Section 92 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 47 of 1991 s. 7; No. 78 of 1995 s. 110; No. 50 of 2003 s. 29(3).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.