Textual Amendments
F1S. 48 repealed by Criminal Justice Act 1961 (c. 39), Sch. 5
(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][F5or a secure training centre], 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 [F6youth custody], or ordered to be detained in a [F7young offenders institution or in a secure training 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 [F8place 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 [F9in the United Kingdom]in a prison [F10 remand centre, young offenders institution or secure training centre;]
(b)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . F12
(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 [F13Secretary 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F2Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt.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 in s. 49(1) inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 9(2); S.I. 1998/277, art. 2(2)
F6Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(b)(i)
F7Words in s. 49(2) substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 9(3); S.I. 1998/277, art. 2(2)
F8Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(b)(ii)
F9Words inserted by Criminal Justice Act 1961 (c. 39), Sch. 4
F10Words in proviso (a) to s. 49(2) substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 9(4); S.I. 1998/277, art. 2(2)
F11S. 49(2)(b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F12S. 49(2) proviso (c) repealed by Criminal Justice Act 1961 (c. 39), Sch. 5
F13Words 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)
C7Proviso (a) 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)
Subsection (1) of section eighteen of this Act shall apply to attendance centres as it applies to prisons . . . F14
Textual Amendments
F14Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6