Prisoners(Return to Custody) Act 1995

Adopted 28th June 1995


An Act to make provision, by the creation of an offence and the conferring of powers of entry, for the punishment and return to lawful custody of persons unlawfully at large.                              

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Remaining at large after temporary release. 

1.—(1) Subject to subsection (2) below, a person who has been temporarily released in pursuance of rules made under section 47(5) of the [1952 c. 52.]PrisonAct 1952 (rules for temporary release) is guilty of an offence if—

(a) without reasonable excuse, he remains unlawfully at large at any time after becoming so at large by virtue of the expiry of the period for which he was temporarily released; or

(b) knowing or believing an order recalling him to have been made and while unlawfully at large by virtue of such an order, he fails, without reasonable excuse, to take all necessary steps for complying as soon as reasonably practicable with that order.

(2) Subsection (1) above shall not apply in the case of a person temporarily released from a secure training centre.

(3) A person guilty of any offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) An offence under this section shall be taken to be committed at the place where the offender was required to be detained immediately before being temporarily released.

(5) A person shall be deemed for the purposes of this section to be unlawfully at large whenever he is deemed to be so at large for the purposes of section 49 of the [1952 c. 52.]PrisonAct 1952 (which confers powers of arrest).

(6) This section shall not apply where the period of temporary release expired, or the order of recall was made, before the commencement of this section.

Short title, commencement and extent.                                                    

3.—(1) This Act may be cited as thePrisoners(Return to Custody) Act 1995.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.

(3) This Act extends to England and Wales only.


Source: HMSO - Her Majesty Stationery Office

Crown Copyright