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Criminal Justice (Scotland) Act 2003
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25Temporary detention of person being returned to prison in England and Wales etc.
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After section 40A of the1989 Act there is inserted—
“40BTemporary detention of person being returned to prison in England and Wales etc.
Any person absent, otherwise than with lawful authority, from a place outwith Scotland, being a place to which, by virtue of paragraph 17 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43) (application throughout United Kingdom and Channel Islands of certain enactments relating to the arrest and return of prisoners etc.), he may be taken, may, until the arrangements to take him can be made, be detained in a prison or young offenders institution in Scotland.”.
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