20/Aug/2004 - Current (at 31 Dec 2005)
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    94. Approved absences under activity programmes

    (1) The Minister may approve a programme of

    (a) community work;

    (b) charitable or voluntary work;

    (c) work associated with the operation of the prison;

    (d) sport;

    (e) religious observance; or

    (f) any other activity, and

    subject to this section, a prisoner who has been rated by the chief executive officer under a rating system approved by the Minister as a prisoner whose absence from prison would impose a minimum risk to the security of the public may be permitted by the superintendent of the prison in which he is confined to leave and be absent from that prison for the purpose of participating in an approved programme.

    (2) A programme approved by the Minister under subsection (1) shall specify in general terms the nature of the activity and the place or places at which the activity is to be performed.

    (3) A programme shall be approved under subsection (1) for a period of 6 months and the approval may be renewed by the Minister from time to time for further periods of 6 months.

    (4) The superintendent shall ensure that prisoners who are permitted to be absent from a prison for the purpose of participating in a programme approved under this section shall during absence from prison be placed in the charge of or under the supervision of a prison officer.

    (5) A prisoner who is absent from prison in accordance with permission granted under this section shall be deemed to be in lawful custody during the period of his authorised absence from prison.

    (6) A prisoner permitted to be absent from prison under this section who

    (a) escapes or prepares or attempts to escape from the charge or supervision of a prison officer; or

    (b) fails to return to prison on or before the expiry of the authorised period of absence,

    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.

    (7) Except with the approval of the Governor a prisoner shall not be permitted to leave and be absent from a prison under this section who is

    (a) undergoing strict security life imprisonment;

    (b) in strict custody;

    (c) in safe custody;

    (d) undergoing life imprisonment; or

    (e) serving a term of imprisonment, or an aggregate of terms of imprisonment (without regard to remission) of more than 15 years.

    [Section 94 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 47 of 1991 s. 7.]

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.