(1)Subject to subsection (2) below, a person who has been temporarily released in pursuance of rules made under section 47(5) of the M1Prison Act 1952 (rules for temporary release) is guilty of an offence if—
(a)without reasonable excuse, he remains unlawfully at large at any time after becoming so at large by virtue of the expiry of the period for which he was temporarily released; or
(b)knowing or believing an order recalling him to have been made and while unlawfully at large by virtue of such an order, he fails, without reasonable excuse, to take all necessary steps for complying as soon as reasonably practicable with that order.
F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subsection (1) above shall not apply in the case of a person temporarily released from a secure training centre [F2 or secure college].
(3)A person guilty of any offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(4)An offence under this section shall be taken to be committed at the place where the offender was required to be detained immediately before being temporarily released.
(5)A person shall be deemed for the purposes of this section to be unlawfully at large whenever he is deemed to be so at large for the purposes of section 49 of the M2Prison Act 1952 (which confers powers of arrest).
(6)This section shall not apply where the period of temporary release expired, or the order of recall was made, before the commencement of this section.
Textual Amendments
F1S. 1(1A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 7; S.I. 2012/2906, art. 2(h)
F2Words in s. 1(2) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 11; S.I. 2015/778, art. 2(1)(c)
Marginal Citations