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Prison Act (Northern Ireland) 1953

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N.I.Release on licence, supervision and temporary discharge

S. 20 rep. by 1968 c. 29 (NI)

S. 21 rep. by 1980 NI 10

S. 22 rep. by 1968 c. 29 (NI)

S. 23 rep. by 2001 NI 2

24Temporary discharge of prisoners on account of ill-health.N.I.

(1)If the [F1Department] is satisfied that by reason of the condition of a prisoner's health it is undesirable to detain him in prison, but that, such condition of health being due in whole or in part to the prisoner's own conduct in prison, it is desirable that his release should be temporary and conditional only, the [F1Department] may, if [F2the Department] thinks fit, having regard to all the circumstances of the case, by order authorise the temporary discharge of the prisoner for such period and subject to such conditions as may be stated in the order.

(2)Where an order of temporary discharge is made in the case of a prisoner not under sentence, the order shall contain conditions requiring the attendance of the prisoner at any further proceedings in his case at which his presence may be required.

(3)Any prisoner discharged under this section shall comply with any conditions stated in the order of temporary discharge, and shall return to prison at the expiration of the period stated in the order, or of such extended period as may be fixed by any subsequent order of the [F1Department], and if the prisoner fails so to comply or return, he may be arrested without warrant and taken back to prison.

(4)Where a prisoner under sentence is discharged in pursuance of an order of temporary discharge, the currency of the sentence shall be suspended from the day on which he is discharged from prison under the order to the day on which he is received back into prison, so that the former day shall be reckoned and the latter shall not be reckoned as part of the sentence.

(5)Nothing in this section shall affect the duties of the medical officer of a prison in respect of a prisoner whom the [F1Department] does not think fit to discharge under this section.

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