Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A prisoner who is absent from a custodial correctional facility as authorised by a leave permit:
(a) remains a prisoner; and
(b) remains in the lawful custody of the Commissioner.
(2) The prisoner ceases to be in the lawful custody of the Commissioner if the prisoner:
(a) fails to comply with the terms and conditions of the permit; or
(b) fails to return to the custodial correctional facility before the permit ceases to be in force.
Note for section 112
If a prisoner ceases to be in the lawful custody of the Commissioner, the prisoner is unlawfully absent (see section 9 (2)). If a prisoner is unlawfully absent:
(a) if the prisoner is a sentenced prisoner – the prisoner's sentence of imprisonment ceases to run (see section 63A of the Sentencing Act); and
(b) the prisoner may be arrested (see section 141 ).