49 Persons unlawfully at large. U.K.
(1)Any person who, having been sentenced to imprisonment, . . . F1[F2custody for life or youth custody]or ordered to be detained in a detention centre [F3or a young offenders institution][F4or 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, . . . F1 or [F5youth custody], or ordered to be detained in a [F6young 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 [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 remand centre, young offenders institution or secure training 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
F1Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F2Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(a)
F3Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 87(a)
F4Words 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)
F5Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(b)(i)
F6Words 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)
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 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)
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)
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)