Prison Act 1952
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Change 1
49 Persons unlawfully at large.
(1) Any person who, having been sentenced to imprisonment or custody for life or ordered to be detained in youth detention accommodation or in 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, or ordered to be detained in youth detention accommodation or in a young offenders institution 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 place 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 in the United Kingdomin a prison or remand centre, in youth detention accommodation or in a young offenders institution; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . (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. (3A) Where— (a) a person is extradited to the United Kingdom from a category 1 territory for the purpose of serving a term of imprisonment or another form of detention mentioned in subsection (2) of this section, and (b) the person was for any time kept in custody in that territory with a view to the extradition (and not also for any other reason), the Secretary of State shall exercise the power under that subsection to direct that account shall be taken of that time in calculating the period for which the person is liable to be detained. (3B) In subsection (3A) of this section “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act. (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 Secretary of Statein pursuance of the rules. (4ZA) For the purposes of this section a person who, after being temporarily released in pursuance of section 163 of the Police, Crime, Sentencing and Courts Act 2022 (temporary release from a secure children’s home), is at large at any time during the period for which they are liable to be detained pursuant to their sentence shall be deemed to be unlawfully at large if the period for which they were temporarily released has expired or if they have been recalled under that section. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section “ “youth detention accommodation” ” means— (a) a young offender institution; (b) a secure training centre; (ba) a secure college; or (c) any other accommodation that is youth detention accommodation within the meaning given by section 248(1) of the Sentencing Code (detention and training orders).
49 Persons unlawfully at large.
(1) Any person who, having been sentenced to imprisonment or custody for life or ordered to be detained in youth detention accommodation or in 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, or ordered to be detained in youth detention accommodation or in a young offenders institution 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 place 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 in the United Kingdomin a prison or remand centre, in youth detention accommodation or in a young offenders institution; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . (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. (3A) Where— (a) a person is extradited to the United Kingdom from a category 1 territory for the purpose of serving a term of imprisonment or another form of detention mentioned in subsection (2) of this section, and (b) the person was for any time kept in custody in that territory with a view to the extradition (and not also for any other reason), the Secretary of State shall exercise the power under that subsection to direct that account shall be taken of that time in calculating the period for which the person is liable to be detained. (3B) In subsection (3A) of this section “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act. (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 Secretary of Statein pursuance of the rules. (4ZA) For the purposes of this section a person who, after being temporarily released in pursuance of section 163 of the Police, Crime, Sentencing and Courts Act 2022 (temporary release from a secure children’s home), is at large at any time during the period for which they are liable to be detained pursuant to their sentence shall be deemed to be unlawfully at large if the period for which they were temporarily released has expired or if they have been recalled under that section. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section “ “youth detention accommodation” ” means— (a) a young offender institution; (b) a secure training centre; (ba) a secure college; or (c) any other accommodation that is youth detention accommodation within the meaning given by section 248(1) of the Sentencing Code (detention and training orders).
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