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38.(1) A constable or a prison officer may arrest without warrant any person (a)whom he reasonably suspects of having committed, or attempted to commit, any offence against this Act; or (b)whom he reasonably suspects of being unlawfully at large; (2) Where any person sentenced to imprisonment,... [or ordered to be detained in a young offenders centre] is unlawfully at large at any time during the period for which he is liable to be detained in pursuance of the sentence, then, unless the Minister otherwise directs, no account shall be taken, in calculating the period for which he is liable to be so detained, of the time during which he is absent from prison. (3) The provisions of the last foregoing sub-section shall not apply to any period during which any such person is detained in pursuance of any other sentence of any court [in the United Kingdom] in a prison or other institution, but shall apply in addition to any other provisions of this Act imposing any punishment for an escape. (4) The provisions of the last foregoing sub-section 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. (5) For the purposes of this section a person who, after being temporarily released in pursuance of prison rules, 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 Minister in pursuance of the rules.
© 1953 Crown Copyright
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