(1)Any person who, having been sentenced to [F1imprisonment or custody for life or ordered to be detained in secure accomodation 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 [F2imprisonment, or ordered to be detained in secure accomodation 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 [F3place 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 [F4in the United Kingdom][F2in a prison or remand centre, in secure accomodation or in a young offenders institution];
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(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.
(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 [F7Secretary of State]in pursuance of the rules.
[F8(4A)For the purposes of this section a person shall also be deemed to be unlawfully at large if, having been temporarily released in pursuance of an intermittent custody order made under section 183 of the Criminal Justice Act 2003, he remains at large at a time when, by reason of the expiry of the period for which he was temporarily released, he is liable to be detained in pursuance of his sentence.]
[F9(5)In this section “secure accommodation” means—
(a)a young offender institution;
(b)a secure training centre; or
(c)any other accommodation that is secure accommodation within the meaning given by [F10section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000] (detention and training orders).]
Textual Amendments
F1Words in s. 49(1) substituted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 7(1); S.I. 1999/3426, art. 3(b)
F2Words in s. 49(2) substituted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 7(2); S.I. 1999/3426, art. 3(b)
F3Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 8(b)(ii)
F4Words inserted by Criminal Justice Act 1961 (c. 39), Sch. 4
F5S. 49(2)(b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F6S. 49(2) proviso (c) repealed by Criminal Justice Act 1961 (c. 39), Sch. 5
F7Words substituted by S.I. 1963/597, Sch. 1
F8S. 49(4A) inserted (E.W.) (26.1.2004 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 186(3), 336(3)(4); S.I. 2003/3282, art. 2, Sch.
F9S. 49(5) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 7(3); S.I. 1999/3426, art. 3(b)
F10Words in s. 49(5)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 6
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)
s. 49(2) excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 2(1)(b) (with s. 78); S.I. 2001/2161, art. 2
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)