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Prison Act 1952
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Changes over time for: Cross Heading: Miscellaneous
Version Superseded: 01/03/1998
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Point in time view as at 01/02/1991.
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Prison Act 1952, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 24 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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MiscellaneousU.K.
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1E+W
Textual Amendments
F1S. 48 repealed by Criminal Justice Act 1961 (c. 39), Sch. 5
49 Persons unlawfully at large. U.K.
(1)Any person who, having been sentenced to imprisonment, . . . F2[F3custody for life or youth custody]or ordered to be detained in a detention centre [F4or a young offenders institution], or having been committed to a prison or remand centre, is unlawfully at large, may be arrested by a constable without warrant and taken to the place in which he is required in accordance with law to be detained.
(2)Where any person sentenced to imprisonment, . . . F2 or [F5youth custody], or ordered to be detained in a . . . F6 detention centre, is unlawfully at large at any time during the period for which he is liable to be detained in pursuance of the sentence or order, then, unless the Secretary of State otherwise directs, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time during which he is absent from the [F7place in which he is required in accordance with law to be detained]:
Provided that—
(a)this subsection shall not apply to any period during which any such person as aforesaid is detained in pursuance of the sentence or order or in pursuance of any other sentence of any court [F8in the United Kingdom]in a prison [F9, youth custody centre, remand centre or detention centre;]
(b)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . F11
(3)The provisions of the last preceding subsection shall apply to a person who is detained in custody in default of payment of any sum of money as if he were sentenced to imprisonment.
(4)For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (5) of section forty–seven of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the [F12Secretary of State]in pursuance of the rules.
Textual Amendments
F2Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F3Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(a)
F4Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 87(a)
F5Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(b)(i)
F6Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
F7Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(b)(ii)
F8Words inserted by Criminal Justice Act 1961 (c. 39), Sch. 4
F9Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(c)
F10S. 49(2)(b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F11S. 49(2) proviso (c) repealed by Criminal Justice Act 1961 (c. 39), Sch. 5
F12Words substituted by S.I. 1963/597, Sch. 1
Modifications etc. (not altering text)
C1S. 49 excluded by Naval Discipline Act 1957 (c. 53), s. 88(4); amended by Criminal Justice Act 1967 (c. 80), s. 69(2)
C2S. 49 applied (5.9.1995) by 1995 c. 16, s. 1(5)(6); S.I. 1995/2021, art. 2
C3S. 49(1) extended by Criminal Justice Act 1961 (c. 39), s. 30(1)(2)
C4S. 49(1) extended (U.K, Channel Islands) (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. III para. 17(1)(a); S.I. 1997/2200, art. 2(1)(g) (with art. 5)
C5S. 49(2) amended by Mental Health Act 1959 (c. 72), s. 75(4)
C6S. 49(2) amended by Mental Health Act 1983 (c. 20, SIF 85), s. 50(4)
C7Para. (a) in proviso to s. 49(2) amended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. III para. 17(6)(a); S.I. 1997/2200, art. 2(1)(g) (with art. 5)
50 Application of certain provisions to remand homes and attendance centres.E+W
Subsection (1) of section eighteen of this Act shall apply to attendance centres as it applies to prisons . . . F13
Textual Amendments
F13Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
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