Section 40 Arrest of and rules for absent prisonersF10C1

Any person who, having been sentenced to imprisonment or to detention in a young offenders institution, or having been committed to a prison F1or young offenders institution F2..., is unlawfully at large may be arrested by a constable or prison officer without warrant and taken to the place in which he is required F3or liable in accordance with law to be detained.

Where any person sentenced to imprisonment or to detention in a young offenders institution F4or committed to a prison or young offenders institution F5... is, at any time during the period for which he is liable to be detained in pursuance of the sentence, or committal, absent, otherwise than with lawful authority, from the prison F6, young offenders institution ..., as the case may be, 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 or the date on or by which a term or period of imprisonment or detention elapses or has been served, of any time during which he is so absent:

In this section—

F9A person who, after being temporarily released in pursuance of rules made under section 39(6) 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 Secretary of State in pursuance of the rules.