20/Aug/2004 - Current (at 31 Dec 2005)
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    85. Prisoner absent under permit deemed in custody

    (1) A prisoner who is absent from prison under a permit granted to him under section 83 shall be deemed to be in lawful custody during the period of his absence from prison as authorised by the permit.

    (2) A prisoner to whom a permit has been granted under section 83 who

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

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

    (c) fails to comply with a condition or restriction set out in the permit,

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

    [Section 85 amended by 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.