Western Australian Numbered Acts

SENTENCE ADMINISTRATION ACT 2003 (NO. 49 OF 2003) - SECT 8

8 .         Effect of not being in custody

        (1)         A term does not elapse while a prisoner is at large, having escaped lawful custody while serving it.

        (2)         A prisoner who is returned to lawful custody after having escaped from it while serving a fixed term, must serve —

            (a)         the part of the term he or she had yet to serve at the time of escaping; plus

            (b)         one-third of the lesser of —

                  (i)         the period during which he or she was absent from lawful custody; or

                  (ii)         the period beginning on the date of escape and ending on the date when, but for the escape, the fixed term would have ended,

                in addition to any term imposed for escaping lawful custody.

        (3)         A term does not elapse while a prisoner is not in lawful custody unless this Act or another written law provides otherwise.