Northern Territory Numbered Acts

CORRECTIONAL SERVICES (RELATED AND CONSEQUENTIAL AMENDMENTS) ACT 2014 (NO 27 OF 2014) - SECT 38

After section 63

insert

63A     Effect on term of imprisonment of absence from custodial correctional facility

    (1)     This section applies in relation to an offender who is sentenced to a term of imprisonment and is absent from a custodial correctional facility for a period (the absence period ).

    (2)     Any part of the absence period during which the offender is in the lawful custody of the Commissioner (as defined in section 9(1) of the Correctional Services Act ) is the offender's lawful absence period .

    (3)     Any part of the absence period during which the offender is unlawfully absent (as defined in section 9(2) of the Correctional Services Act ) is the offender's unlawful absence period .

    (4)     In calculating the term to be served:

    (a)     the offender's lawful absence period (if any) does count as time served; and

    (b)     the offender's unlawful absence period (if any) does not count as time served.